Rich v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court in the second judicial department, entered upon an order made July 18, 1879, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial.
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Appeal from judgment of the G-eneral Term of the Supreme Court in the second judicial department, entered upon an order made July 18, 1879, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. The complaint, in this action, alleged in substance that, about the year 1850, plaintiff, with others who were the owners of certain lands in the village of Yonkers, entered into an agreement with the Hudson River railroad to the effect that they would convey to said corporation a site for its depot, would fill in the same, and would lay out and grade…
1Opinion of the CourtFinch, J.
We have been unable to find any''accurate and perfect definition of a tort. Between actions plainly ex contractu, and those as clearly ex delicto there exists, what has been termed a border-land, where the lines of - distinction are shadowy and obscure, and the tort and the contract so approach each other, and become so nearly coincident as to make their practical separation somewhat difficult. (Moak’s Underhill on Torts, 23.), The text writers either avoid a definition entirely (Addison on Torts), or frame one plainly imperfect (2 Bouvier’s law Dict. 600), or depend upon one which they…
2Cases cited5 opinions
- Benton v. PrattNew York Supreme Court · 1829
- Mahan v. BrownNew York Supreme Court · 1835
- Bank of Orange v. BrownNew York Supreme Court · 1829
- O'Callaghan v. CronanMassachusetts Supreme Judicial Court · 1876
- Bebinger v. SweetNew York Supreme Court · 1876
3Cited by166 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- New York University v. Continental InsuranceNew York Court of Appeals · 1995
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- Cortes v. Baltimore Insular Line, Inc.Supreme Court of the United States · 1932
- Carvel Corp. v. NoonanNew York Court of Appeals · 2004
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