Spooner v. D., L. & West. Railroad
New York Court of Appeals
Appeal from a judgment of the supreme court, general term, second department, affirming a judgment entered upon a verdict of a jury rendered in favor of plaintiff at a trial term.
1Opinion of the CourtFinch, J.
This action was for negligence, and resulted in a verdict against the defendant of $20,000. The general term, which had authority to consider and question its amount, has affirmed it, and our duty is confined to the inquiry, whether any errors of law require its reversal.
(1.) At the close of plaintiff’s case the defendant moved to dismiss the complaint upon the ground that the action was not brought in the name of the real party in interest. The. motion was denied and there was an exception. No such objection had been taken by demurrer or answer. If it was apparent upon the face of the…
2Cases cited3 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Chrystal v. . Troy Boston R.R. Co.New York Court of Appeals · 1887
- Smith v. . HallNew York Court of Appeals · 1876
3Cited by34 opinions
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Corbin v. PhiladelphiaSupreme Court of Pennsylvania · 1900
- Alabama Great Southern Railroad Co. v. BishopSupreme Court of Alabama · 1956
- Vinci v. O'NeillSupreme Court of Connecticut · 1925
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. SimonsIndiana Supreme Court · 1907
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