McKnight v. . City of New York
New York Court of Appeals
Appeal, by permission, from a judgment entered December 5, 1904, upon an order of the Appellate Division of the Supreme Court, in the first judicial department overruling plaintiffs exceptions ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing a dismissal of the complaint in conformity with the judgment of the Trial Term.
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Appeal, by permission, from a judgment entered December 5, 1904, upon an order of the Appellate Division of the Supreme Court, in the first judicial department overruling plaintiffs exceptions ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing a dismissal of the complaint in conformity with the judgment of the Trial Term. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion. The Statute of Limitations was suspended by the infancy of the plaintiff, and the trial court erred…
1Opinion of the CourtWillard Bartlett, J.
This is an action against the city of New York to recover damages for personal injuries alleged to have been sustained by reason of the negligence of the defendant. It was admitted upon the trial that the acci dent in which the plaintiff was injured occurred on the 15th day of June, 1897, and that this action was not commenced until the 21st day of January, 1902. It was also conceded that at the time of the accident the plaintiff was an infant under the age of fourteen years. Upon these facts counsel for the defendant moved to dismiss the complaint upon the ground that the action was barred…
2Cases cited5 opinions
- Crapo v. . City of SyracuseNew York Court of Appeals · 1906
- Conolly v. . HyamsNew York Court of Appeals · 1903
- Barnes v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1897
- Titman v. Mayor of New YorkNew York Supreme Court · 1890
- Norton v. Mayor of New YorkNew York Supreme Court · 1896
3Cited by18 opinions
- Russo v. City of New YorkNew York Court of Appeals · 1932
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- Brookshire v. BurkhartSupreme Court of Oklahoma · 1929
- Ackerman v. . AckermanNew York Court of Appeals · 1910
- Bernreither v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
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