Boffe v. Consolidated Telegraph & Electrical Subway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Consolidated Telegraph and Electrical Subway Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 9th day of July, 1915, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 22d day of October, 1915, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Page, J.:
The action was to recover damages for the alleged negligence of defendant in causing the death of plaintiffs’ intestate.
This action was commenced by the service of a summons and complaint on the defendant on November 14, 1913. Letters of administration had not at that time been issued to the plaintiffs. The letters of administration bear date June 13, 1914. At the conclusion of the case defendant’s attorney moved to dismiss the complaint upon the ground that the action was prematurely brought. This motion was denied, the case submitted to the jury, and a verdict rendered for $3,000.…
2Cases cited5 opinions
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- Crapo v. . City of SyracuseNew York Court of Appeals · 1906
- Barnes v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1897
- Conway v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by21 opinions
- Carrick v. Central General HospitalNew York Court of Appeals · 1980
- George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
- Stutz v. Guardian Cab Corp.Appellate Division of the Supreme Court of the State of New York · 1947
- Buduson v. CurtisAppellate Division of the Supreme Court of the State of New York · 1955
- Weinberg v. Johns-Manville Sales Corp.Court of Appeals of Maryland · 1984
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