Kenney v. South Shore Natural Gas & Fuel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the South Shore Natural Gas and Fuel Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Chautauqua on the 25th day of May, 1907, upon the verdict of a jury for $20,000, and also from an order entered in said clerk’s office on the 27th day of May, 1907, denying said defendant’s motion for a new-trial made upon the minutes, with notice of an intention to bring up for review an…
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Appeal by the defendant, the South Shore Natural Gas and Fuel Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Chautauqua on the 25th day of May, 1907, upon the verdict of a jury for $20,000, and also from an order entered in said clerk’s office on the 27th day of May, 1907, denying said defendant’s motion for a new-trial made upon the minutes, with notice of an intention to bring up for review an order, made on the trial of the action, which granted leave to plaintiff to amend her complaint by increasing the demand…
1Opinion of the Court
Robson, J.:
Plaintiff has recovered a judgment against the defendant company for $20,000 damages, which the jury has found she suffered by reason of this defendant’s negligence. Her injuries occurred October 10, 1905. The summons and complaint were served on this defendant December 8,1905, and defendant’s answer was served January 17, 1906. Trial of the action was begun May 17, 1907. *237After the selection of the jury and before any evidence had been taken plaintiff moved to amend her complaint by changing the amount asked in her prayer for relief from §10,000 to §25,000. Defendant’s counsel duly…
2Cases cited3 opinions
- Zimmer v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Rhodes v. LewinAppellate Division of the Supreme Court of the State of New York · 1898
- Clark v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
3Cited by9 opinions
- In Re the Care & Treatment of FosterSupreme Court of Kansas · 2006
- Sanguinetti v. Moore Dry Dock Co.California Supreme Court · 1951
- Blackwell v. . FinlayNew York Court of Appeals · 1922
- Sandresky v. Erie RailroadNew York Supreme Court · 1915
- Lane v. SochackiAppellate Division of the Supreme Court of the State of New York · 1951
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