Bogardus v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company^ from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of May, 1901, striking out as redundant the 4th paragraph of the defendant’s answer.
1Opinion of the Court
Laughlin, J,:
The complaint alleges that plaintiff was a passenger on one of defendant’s cars, and that while she was alighting therefrom, “ without ány fault, carelessness or negligence on her part,” the defendant negligently started the car, precipitating her upon the ground and inflicting injuries, to recover damages for which this action is brought. The answer denies specifically these allegations of the complaint and then in the 4th paragraph alleges affirmatively that, “ whatever damages and injuries were sustained by the plaintiff at the time and place mentioned in the complaint, were…
2Cases cited4 opinions
- Lee v. . Troy Citizens' Gas-Light Co.New York Court of Appeals · 1885
- John D. Park & Sons Co. v. National Wholesale Druggists' Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
- Hackford v. New York Central, &c., RailroadNew York Supreme Court · 1871
- Robinson v. New York Central & Hudson River RailroadNew York Supreme Court · 1873
3Cited by9 opinions
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1902
- Wayte v. Bowker Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1921
- First Presbyterian Church v. KennedyAppellate Division of the Supreme Court of the State of New York · 1902
- Rockwell v. DayAppellate Division of the Supreme Court of the State of New York · 1903
- Klein v. BurlesonAppellate Division of the Supreme Court of the State of New York · 1910
4 more not listed; retrieve them via the Exa API.