Legal Opinion

McInerney v. Main

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 1 opinion

Appeal by the plaintiff, Mary Mclnerney, from an interlocutory judgment of the Supreme Court in favor of the defendant Thomas F. Main, entered in the office of the clerk of the county of Kings on the 22d day of September, 1902, upon the decision of the court rendered after a trial at "the Kings County Special Term sustaining said defendant’s demurrer to the plaintiff’s complaint.

1Opinion of the Court

Hooker, J.:

This is an action to recover damages alleged to have been sustained by the plaintiff to his person and property by reason of the negligence of the defendants. In the paragraph of the complaint devoted to the extent and nature of her damages, the plaintiff *544alleges personal injuries and the destruction of her property, and claims damages for both. The defendant Main demurred to the complaint on the ground that these two causes of action were improperly united in the complaint. His demurrer was sustained at Special Term, and from the order and interlocutory judgment entered thereon…

2Cases cited6 opinions

  1. Reilly v. . Sicilian Asphalt Paving Co.New York Court of Appeals · 1902
  2. Howe v. PeckhamNew York Supreme Court · 1851
  3. Adams v. BissellNew York Supreme Court · 1858
  4. People v. WellsAppellate Division of the Supreme Court of the State of New York · 1900
  5. Robinson v. FlintNew York Supreme Court · 1858

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Hochman v. New Amsterdam Gas Co.City of New York Municipal Court · 1911

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