Smith v. . Boston Albany Railroad Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 22, 1904, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 22, 1904, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer. The following question was certified : “ Does the complaint of the plaintiff state a cause of action against the defendant, The Town of Kinderhook % ” The nature of the action and the facts, so far as material, are stated in the opinion. The learned trial judge very properly overruled the demurrer interposed by the town of…
1Opinion of the Court
The defendants in this action severally demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrers of the two railroads, defendants, were sustained at the Special Term, but the demurrer interposed by the town of Kinderhook was overruled. The plaintiff took no appeal from the decision of the Special Term sustaining the demurrers of the two railroads, and, therefore, these two defendants have, for all practical purposes, dropped out of the case. The defendant, the Town of Kinderhook, did appeal from the decision of the Special…
2Cases cited2 opinions
- Sauer v. . City of New YorkNew York Court of Appeals · 1904
- Reining v. New York, Lackawanna & Western Railway Co.New York Court of Appeals · 1891
3Cited by26 opinions
- Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
- Glover v. State Highway CommissionSupreme Court of Kansas · 1938
- Rigney v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1916
- Miller v. StateAppellate Division of the Supreme Court of the State of New York · 1930
- Morris v. City of IndianapolisIndiana Supreme Court · 1911
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