Chapin v. Overin
New York Supreme Court
Appeal from special term, Monroe county. Action by Alvin P. Chapin against Henry C. Overin and Anthony Markert to recover damages alleged to have been sustained by plaintiff by the negligence of defendant’s servant in running against him with a coach and team of horses on Broadway, in the city of New York. The answer admitted that plaintiff received some slight injuries to his person on the occasion referred to, and put in issue all the other allegations of the complaint.
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Appeal from special term, Monroe county. Action by Alvin P. Chapin against Henry C. Overin and Anthony Markert to recover damages alleged to have been sustained by plaintiff by the negligence of defendant’s servant in running against him with a coach and team of horses on Broadway, in the city of New York. The answer admitted that plaintiff received some slight injuries to his person on the occasion referred to, and put in issue all the other allegations of the complaint. From an order granting a motion to change the place of trial from Monroe county to New York county, plaintiff appeals.
1Opinion of the CourtLewis, J.
It is quite likely that the defendants would have been entitled to an order changing the place of trial to the county of New York had their papers been prepared in accordance with the well-settled practice and rules of the court upon motions of this character. The respondents must rely entirely upon the affidavit of the defendant Markert to sustain their order, for the pleadings do not throw any light upon the question. Markert’s affidavit seems to have been prepared in disregard of pretty much every rule which the courts have found it necessary to adopt and enforce in order to guard against…
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