Fulton County Gas & Electric Co. v. Hudson River Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Fulton County Gas and Electric Company, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Fulton on the 22d day of July, 1908, upon the decision of the court, rendered after a trial at the Fulton Special Term, over, ruling the plaintiff’s demurrer to two separate counterclaims set up in the amended answer.
1Opinion of the Court
Sewell, J.:
This action was brought to recover the amount paid by the- plaintiff in satisfaction of a judgment rendered' in an action for negligence brought by one Hathan W. Horning, against the plaintiff and the defendant, for personal injuries received from a current of electricity, and for the expenses incurred in defending that suit. The defendant demurred to the complaint upon the sole ground *345that it appeared upon the face thereof that it did not state facts sufficient to constitute a cause of action.
The demurrer was overruled with leave to withdraw the demur-, rer and answer, and an…
2Cases cited13 opinions
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Baxter v. . McDonnellNew York Court of Appeals · 1897
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3Cited by4 opinions
- Iroquois Gas Corp. v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Coates v. Potomac Electric Power Co.District Court, District of Columbia · 1951
- Hudson Valley Railway Co. v. Mechanicville Electric Light & Gas Co.Appellate Division of the Supreme Court of the State of New York · 1917
- People v. SterlingNew York Supreme Court · 1928