Hatfield v. McGinniss
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from an order of the General Term of the City Court of the city of Hew York, striking out the eighth paragraph of his complaint.
1Opinion of the CourtFreedman, P. J.
The action is brought to recover damages alleged to have been sustained by the plaintiff by reason of the loss of the services of his wife and of expenses incurred for medical attendance upon her after personal injuries inflicted upon said wife through the negligence of the defendant. The eighth paragraph of the complaint averred that in another action the wife, after a trial upon the merits, recovered a judgment against the defendant for her personal damages and that no appeal was ever taken from said judgment. This paragraph was properly stricken-out. The rule is that a judgment in one…
2Cases cited7 opinions
- Booth v. . PowersNew York Court of Appeals · 1874
- Furlong v. BantaNew York Supreme Court · 1894
- Anderson v. Third Avenue RailroadNew York Court of Common Pleas · 1881
- Gray v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Cahnmann v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1902
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