Heffern v. Hunt
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Erie county. Action by James Heffern against Garret Hunt to recover damages for personal injuries. From an order granting leave to plaintiff to issue a supplemental summons on one John E„ Little, to make Mm a co-defendant, and serve a supplemental complaint on Garret Hunt, defendant appeals.
1Opinion of the CourtWard, J.
The plaintiff, Heffern, brings this action to recover damages against the defendant Garret Hunt for an injury alleged to have occurred to the plaintiff on the 11th of March, 1894, through the wrongful act and neglect of the said defendant in leaving a hole not properly guarded in the sidewalk on a public street in the city o.f Lockport, opposite to the defendant’s premises, on Lock street, in said city, The defendant Hunt answered, putting in issue the claim of the plaintiff; and subsequently the plaintiff attorney discovered that at the time of the plaintiff’s injury the premises were leased…
2Cases cited4 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Akin v. Albany Northern RailroadNew York Supreme Court · 1856
- King Co. v. SeedNew York City Court · 1893
- Hornby v. GordonThe Superior Court of New York City · 1862