Lucas v. New York Central Rail Road
New York Supreme Court
PPEAL from a judgment entered at a special term, overruling a demurrer to the complaint. The complaint contained two counts or causes of action against the defendants for negligence in running their cars, and neglecting to ring their bell or sound their whistle while crossing a highway in Farmington, Ontario county, in May, 1852, as required by statute, by means whereof, the plaintiff’s wife, Maria Lucas, who was then lawfully traveling upon said highway, and without any…
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PPEAL from a judgment entered at a special term, overruling a demurrer to the complaint. The complaint contained two counts or causes of action against the defendants for negligence in running their cars, and neglecting to ring their bell or sound their whistle while crossing a highway in Farmington, Ontario county, in May, 1852, as required by statute, by means whereof, the plaintiff’s wife, Maria Lucas, who was then lawfully traveling upon said highway, and without any fault or negligeneo on her part, or on the part of the person driving the team, wherein she was traveling, was instantly…
1Opinion of the Court
By the Court, Welles, J.
The judgment appealed from in this case should be affirmed: 1. The causes of action in the two counts of the complaint, are improperly joined. It cannot be regular for a plaintiff to include in the same action, claims in his individual right, and as administrator of another. It was never allowable at common law, and is not sanctioned or allowed by any statute, not even the code. Section 167, in providing what causes may be joined in the same action, clearly contemplates, in the several cases stated, that the plaintiff, in either case, sues in his individual character…
2Cited by16 opinions
- Perham v. Portland Electric Co.Oregon Supreme Court · 1898
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Jeffersonville Railroad v. Swayne's AdministratorIndiana Supreme Court · 1866
- Moss v. . CohenNew York Court of Appeals · 1899
- Schwarz v. JuddSupreme Court of Minnesota · 1881
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