Legal Opinion

Ward v. Central Park, North & East River Railroad

The Superior Court of New York City

Decided December 31, 1870PublishedCited by 2 opinions

The action was brought to recover damages for personal injuries sustained by plaintiff while a passenger on one of defendants’ cars, and was brought on for trial before the court and a jury in January, 1868. After the plaintiff had rested, defendants’ counsel moved for a dismissal of the complaint, which motion was granted.

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The action was brought to recover damages for personal injuries sustained by plaintiff while a passenger on one of defendants’ cars, and was brought on for trial before the court and a jury in January, 1868. After the plaintiff had rested, defendants’ counsel moved for a dismissal of the complaint, which motion was granted. Several exceptions were taken by the plaintiff to rulings of the justice presiding at the trial, and also to the decision of the motion dismissing the complaint. Judgment was entered in favor of the defendants and against plaintiff for $379.30 costs on the 27th day of…

1Opinion of the Court

By the Court:

Freedman, J.

In the recent case of Phelps v. Swan, we have held that the making of a case or bill of exceptions, the extending of time for making it, the proposing of amendments, the extending of time for proposing, for noticing for settlement, the settlement itself, the extending of time for filing after settlement, are all matters of detail of practice for getting the cause in proper shape to present to the General Term the questions to be reviewed and to be disposed of at Special Term. The business of the General Term is with the papers as previously prepared for its action.

Gene…

2Cases cited6 opinions

  1. Rankin v. HoytSupreme Court of the United States · 1845
  2. Renouil v. HarrisThe Superior Court of New York City · 1849
  3. Morrison v. New York & New Haven Rail RoadNew York Supreme Court · 1860
  4. Ryle v. HarringtonNew York Supreme Court · 1857
  5. Watson v. ScrivenNew York Supreme Court · 1852

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3Cited by2 opinions

  1. Carraher v. CarraherThe Superior Court of New York City · 1871
  2. Carraher v. CarraherThe Superior Court of New York City · 1871

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