Legal Opinion

Browning v. New York, L. E. & W. R.

New York Supreme Court

Decided June 15, 1892PublishedCited by 1 opinion

Appeal from special term, Allegany county. Action by Lewis D. Browning against the New York, Lake Brie & Western Bailroad Company.

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Appeal from special term, Allegany county. Action by Lewis D. Browning against the New York, Lake Brie & Western Bailroad Company. Br.om an order denying defendant’s motion for costs, under Code Civil Proc. § 3234, providing that “where the complaint sets forth two or more causes of action upon which issues óf fact are joined, if the plaintiff recovers upon one or more óf these issues, and defendant upon the other or others, each party is entitled to costs against the adverse party,” defendant appeals.

1Per curiam

This appeal must be governed by the decision of this court made in the ease of Burns v. Railroad Co., 17 N. Y. Supp. 415, where it was stated, in the opinion of Mr. Justice Macomber, that the meaning of the word “recovers,” used in this section, clearly contemplates a decision upon a' question of fact, which, if allowed to remain unreversed, is conclusive upon the parties in respect to the issues there presented. In the case now before us three causes of action were stated in the complaint, each one of which was controverted in the answer. The first cause of action consisted of the allegation…

2Cases cited1 opinion

  1. Burns v. Delaware, Lackawanna & Western RailroadNew York Supreme Court · 1892

3Cited by1 opinion

  1. Crane v. MillerAppellate Division of the Supreme Court of the State of New York · 1898

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