Umfreville v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charlotte W. Umfreville, 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 21st day of June, 1899, denying her motion for an inspection of her alleged consent to the operation of the defendants’ elevated railway.
1Opinion of the Court
O’Brien, J.:
The plaintiff’s action is the usual one for an injunction and for damages for alleged trespass upon property.
In a separate defense, the defendants alleged that the plaintiff executed a consent in writing to the operation of the roads; and it is this document of which the inspection is sought. In support of the application the plaintiff stated that she did not sign or authorize the alleged consent, has no recollection of so doing, and believes it to be forged; and that in order to prepare for trial and to collect evidence relevant.to the issue of forgery, it is necessary and…
2Cited by1 opinion
- Kamber v. Ben Franklin Transportation Co.New York Supreme Court · 1907