Scott v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by William Scott, an infant, by Ms guardian ad litem, against •the mayor, aldermen, and commonalty of the city of New York. From .a judgment entered on a dismissal of the complaint, plaintiff appeals. Reversed.
1Opinion of the CourtRumsey, J.
The action was brought to recover damages for injuries inflicted upon the plaintiff by two persons in the employ of the ■department of public works in the bureau of incumbrances. Upon the trial the complaint was dismissed, and an appeal is taken from the judgment entered upon that dismissal. Where a complaint is dismissed on the opening of the counsel, all the facts alleged in the complaint and those referred to in the opening should be considered, even .although they are not stated in the complaint, unless they are objected to upon the specific ground .that they are not admissible under the…
2Cases cited9 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
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