Legal Opinion

Niles v. New York Central & Hudson River Railroad

New York Court of Appeals

Decided October 6, 1903PublishedCited by 31 opinions

Appeal from a judgment, entered February 21,1902, upon an order of the Appellate Division of the Supreme Court in the first judicial department, whicli affirmed a judgment of Special Term sustaining demurrers to and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment, entered February 21,1902, upon an order of the Appellate Division of the Supreme Court in the first judicial department, whicli affirmed a judgment of Special Term sustaining demurrers to and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The defendants being guilty of a breach of the duty which they owed to the plaintiff, which breach was followed by the destruction of the market value of the stock represented by him occasioning substantial damage, a cause of action in tort to recover such damages…

1Opinion of the CourtHaight, J.

The demurrers interposed to the plaintiff’s complaint were upon the ground that the facts stated therein were not sufficient to constitute a cause of action.

The allegations of the complaint are somewhat voluminous, hut so far as they are necessary to present the question to he determined upon this review they may he summarized and stated in substance, as follows ;

The plaintiff was a stockholder of the New York & Northern Eailroad Company, which owned and operated a railroad from its junction with the Manhattan railway, near 155tli street, in the city of New York, to a point on the New York &…

2Cases cited6 opinions

  1. Hawes v. OaklandSupreme Court of the United States · 1882
  2. Gamble v. Queens County Water Co.New York Court of Appeals · 1890
  3. Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
  4. Leslie v. . LorillardNew York Court of Appeals · 1888
  5. Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899

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3Cited by31 opinions

  1. Citibank, N. A. v. PlapingerNew York Court of Appeals · 1985
  2. Abrams v. DonatiNew York Court of Appeals · 1985
  3. Thomas A. Vincel v. White Motor Corporation and Glenn F. KommerCourt of Appeals for the Second Circuit · 1975
  4. Waller v. WallerCourt of Appeals of Maryland · 1946
  5. Glenn v. Hoteltron Systems Inc.New York Court of Appeals · 1989

26 more not listed; retrieve them via the Exa API.

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