Eagan v. New York Transportation Co.
New York Supreme Court
Trial of an issue of law raised by a demurrer to the complaint on the ground that two causes of action are improperly united. The first cause of action is for damage for injuries to the person and the second for damage for injuries to personal property, both caused at the same time by the same tortious act of the defendants, viz., negligently running a vehicle into the plaintiff’s vehicle in the street and injuring the plaintiff in his body and also injuring his vehicle.
1Opinion of the Court
Gaynor, J.:
It is now set at rest in this state by the decision in Reilly v. Sicilian Asphalt Paving Company (170 N. Y. 40) that injury to the person and injury to personal property by the same tortious act constitute two causes of action. But may they not be united in the same complaint ? By subdivision 2 of section 484 of the Code of Civil Procedure causes of action for personal injuries may be united, and by subdivision 6 causes of action for injuries to personal property may be united. ■ This would prevent the different causes mentioned in these two subdivisions from being united. But…
2Cases cited1 opinion
- Reilly v. . Sicilian Asphalt Paving Co.New York Court of Appeals · 1902
3Cited by4 opinions
- Boulden v. ThompsonCalifornia Court of Appeal · 1913
- Hochman v. New Amsterdam Gas Co.City of New York Municipal Court · 1911
- McInerney v. MainAppellate Division of the Supreme Court of the State of New York · 1903
- Mitchell v. Niagara, Lockport & Ontario Power Co.New York Supreme Court · 1917