Powers v. Rome, Watertown & Ogdensburgh Railroad
New York Supreme Court
Appeal by defendant from an order at chambers directing a judgment for the plaintiff on the answer as frivolous. The action was brought by William S. Powers against defendant to recover damages for an injury to the plaintiff, received from a collision while riding on the defendant’s railroad. The material portion of the answer is set forth in the opinion.
1Opinion of the CourtCountryman, J.
As no judgment has been entered, the appeal .is properly brought from the order. Lee v. Ainslee, 1 Hilt. 277. Witherhead v. Allen, 28 Barb. 661. The defendant, after making certain specific admissions in the answer, “ upon its information and belief, says that said plaintiff was not, by reason of said collision, or at all, bruised or injured in the back and thigh or elsewhere, and that he has not, by reason of said alleged injuries, ever since or for any time been sick, sore and lame, and unable to attend to his ordinary business, and that said plaintiff has not been at the expense of medical…
2Cases cited6 opinions
- Arthur v. BrooksNew York Supreme Court · 1853
- McKinney v. SaviegoSupreme Court of the United States · 1856
- Wood v. WhitingNew York Supreme Court · 1855
- Witherhead v. AllenNew York Supreme Court · 1859
- Lee v. AinslieNew York Court of Common Pleas · 1857
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