Legal Opinion
Boxberger v. . N.Y., N.H. H.R.R. Co.
New York Court of Appeals
Decided November 20, 1923PublishedCited by 18 opinions
1Opinion of the Court
Plaintiff sued to recover damages for personal injuries sustained by the negligence of the defendant. Defendant pleaded as a separate defense a release. Without moving for an order directing plaintiff to reply to the new matter (Civil Practice Act, § 274) defendant obtained, under Civil Practice Act (§ 443, par. 2), an order for a separate trial of the issue.
On the trial the court properly ruled, without objection, that this was an affirmative defense. To establish defendant's primafacie case, a purported release, executed by plaintiff, was offered and received in evidence. Plaintiff then…
2Cases cited4 opinions
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- Whipple v. . Brown Brothers Co.New York Court of Appeals · 1919
- Wilcox v. American Telephone & Telegraph Co.New York Court of Appeals · 1903
- Cleary v. Municipal Electric Light Co.New York Supreme Court · 1892
3Cited by18 opinions
- Mangini v. McClurgNew York Court of Appeals · 1969
- Rossiter v. VogelCourt of Appeals for the Second Circuit · 1943
- Fleming v. PonzianiNew York Court of Appeals · 1969
- Farrington v. Harlem Savings BankNew York Court of Appeals · 1939
- Gilbert v. RothschildNew York Court of Appeals · 1939
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