Sharrow v. . Inland Lines, Ltd.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 3, 1914, affirming a judgment in favor of defendant entered upon an interlocutory judgment of Special Term sustaining a demurrer to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 3, 1914, affirming a judgment in favor of defendant entered upon an interlocutory judgment of Special Term sustaining a demurrer to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action. The nature of the action and the facts, so far as material, are stated in the opinion. The sustaining of defendant’s demurrer on the ground that the complaint omits to affirmatively allege that the action was brought within two…
1Opinion of the Court
Willard Bartlett, Ch. J.
This is an action to recover damages for negligently causing the death of the plaintiff’s intestate. The complaint does not show that the action was commenced within two years after the death of the decedent. The courts below have held that it is essential to the maintenance of such an action as this that it must appear upon the face of the complaint that it was commenced within two years after the decedent’s death; and that the omission of an allegation to that effect is fatal on demurrer. The only question presented by the appeal is whether this ruling is correct.
The…
2Cases cited17 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Hill v. Board of SupervisorsNew York Court of Appeals · 1890
- Hamilton v. Royal Insurance Co. of Liverpool, EnglandNew York Court of Appeals · 1898
- Rodman v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1902
- Hayden v. . PierceNew York Court of Appeals · 1895
12 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Cohen v. Pearl River Union Free School DistrictNew York Court of Appeals · 1980
- Carrick v. Central General HospitalNew York Court of Appeals · 1980
- George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
- Scarborough v. Atlantic Coast Line R. CoCourt of Appeals for the Fourth Circuit · 1949
- Maryland Ex Rel. Burkhardt v. United StatesCourt of Appeals for the Fourth Circuit · 1947
70 more not listed; retrieve them via the Exa API.