Roberts v. . Johnson
New York Court of Appeals
Appeal from judgment of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial. (Reported below, 5 Jones & Spencer, 157.) This action was brought against defendants to recovei damages alleged to have been sustained through defendants negligence.
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Appeal from judgment of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial. (Reported below, 5 Jones & Spencer, 157.) This action was brought against defendants to recovei damages alleged to have been sustained through defendants negligence. The complaint alleged, in substance, that the defendants, were copartners doing business under the firm name of Johnson & Shepard, as common carriers of passengers by omnibus or stage, and were owners of a line of omnibuses or stages in the…
1Opinion of the CourtGrover, J.
The non-joinder of F. A. Palmer as a defendant was not set up in the answer. This, if such joinder was necessary, was a waiver of the objection. (Code, § 148.) But it was not necessary. The action was for a tort. In such cases, the plaintiff may proceed against any one, all, or such number of the wrong-doers as he may choose. W. B. Palmer has not appealed from the judgment. The other •defendants have no interest in the question whether he was •entitled to costs upon the dismissal of the complaint as to him, and cannot raise it upon their appeal.
James D. Hewitt was competent to give an opinion…
2Cited by34 opinions
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- Caplan v. CaplanNew York Court of Appeals · 1935
- Ward v. BrownWest Virginia Supreme Court · 1903
- Brewer v. RingSupreme Court of North Carolina · 1919
- In Re the Accounting of PeckNew York Court of Appeals · 1912
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