Brown v. Harmon
New York Supreme Court
PPEAL by the defendants, from a judgment' entered at a special term, after a trial at the circuit. The action was brought by the plaintiff as administratrix of Enoch S. Brown, deceased, to recover damages of the defendants for causing the death of her intestate by their wrongful act, neglect, or default.
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PPEAL by the defendants, from a judgment' entered at a special term, after a trial at the circuit. The action was brought by the plaintiff as administratrix of Enoch S. Brown, deceased, to recover damages of the defendants for causing the death of her intestate by their wrongful act, neglect, or default. The deceased was killed by the falling of the wall of a building in Broome street in the city of Hew York, occupied by the defendants, but belonging to others, upon a blacksmith shop adjoining, in which he was .at work. The defendants carried on the business of brewing, and the loft of the…
1Opinion of the Court
By the Court, S. B. Strong, J.
It has always been customary, and was formerly deemed necessary, in an action founded upon a statute, to invoke it specially, in the declaration. It is well settled, however, that the courts .are bound to take notice of public statutes without their being specified in the pleading; and that it is only necessary to state facts which bring the case within the act. (1 Chit. on Pl. 218, and the cases referred to in note q.) The citation formerly required was therefore rather a matter of form than of substance. The code abolishes the pre-existing forms of pleading, (§…
2Cited by10 opinions
- Dowly v. StateNew York Court of Claims · 1947
- Kirby v. Western Union Telegraph Co.South Dakota Supreme Court · 1893
- Kean v. MitchellMichigan Supreme Court · 1865
- Ludlow v. Hudson River RailroadNew York Supreme Court · 1872
- Daniels v. Andes Insurance Co.Montana Supreme Court · 1874
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