Hayward v. Manhattan Railway Co.
New York Supreme Court
Appeal from circuit court, Kings county. Action by Edwin Hayward against the Manhattan Railway Company, to recover for injuries alleged to result from defendant’s negligence. Judgment for plaintiff, and defendant appeals.
1Opinion of the Court
Barnard, P. J".
This action is brought to recover for injuries suffered in consequence of the defendant’s negligence. The injury was occasioned in November, 1883, and this action was commenced in May, 1887. By section 383 of the Code of Court Procedure such an action is barred in three years. To meet this the complaint avers that an action for the same cause was commenced within the three years; that it was brought to trial on the 7th of March, 1887; that the proof failed to support the action, and, in consequence thereof, the plaintiff was permitted to withdraw a juror upon condition that the…
2Cases cited1 opinion
- Gross v. . ClarkNew York Court of Appeals · 1881
3Cited by3 opinions
- Producers Releasing Corp. De Cuba v. Pathe Industries, Inc.District Court, S.D. New York · 1950
- Waydell v. GabrielsonCourt of Appeals for the Second Circuit · 1896
- Serafini v. StentoAppellate Division of the Supreme Court of the State of New York · 1941