Crotty v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Michael Grotty, from an order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Orange on the 27th day of December, 1911, denying the plaintiff’s motion for judgment on the pleadings.
1Opinion of the Court
Burr, J.:
Defendant demurred to the complaint upon the ground that it failed to state facts sufficient to constitute a cause of action. Plaintiff moved for judgment on the pleadings, and from an order denying such motion appeals.
The question presented is as to the sufficiency of the complaint construing its allegations liberally with a view to substantial justice between the parties, and considering not only the express allegations therein, but such facts as may be *264implied therefrom by reasonable and fair intendment. (Code Civ. Proc. § 519; Marie v. Garrison, 83 N. Y. 14.) The action is for…
2Cases cited7 opinions
- Martin v. New York Life InsuranceNew York Court of Appeals · 1895
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Perry v. . DickersonNew York Court of Appeals · 1881
- Allen v. Glen Creamery Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Cashman v. . ReynoldsNew York Court of Appeals · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gary v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1928
- Johnson v. American Railway Express Co.Supreme Court of South Carolina · 1931
- McGlohn v. Gulf & S. I. R. R.Mississippi Supreme Court · 1937
- Grozek v. Ragu Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Lonsdale v. J. A. Migel, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
8 more not listed; retrieve them via the Exa API.