Rice v. Postal Telegraph-Cable Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Postal Telegraph-Cable Company, from an order and interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 17th day of January, 1916, upon the decision of the court rendered after a- trial at the Monroe Special Term overruling a demurrer to the complaint.
1Opinion of the Court
Lambert, J.:
This action is in form to recover damages for fraud, and arises out of the following facts: It is alleged that prior to the bringing of this action, Charles Rice, plaintiff’s son, met his death under circumstances rendering the . defendant liable for negligently causing the same. The plaintiff, father of the intestate, was his sole next of kin. Following the death of *40Charles Rice, the defendant and the plaintiff in this action negotiated a settlement wherein the plaintiff executed and delivered to the defendant a written release of whatever claim he might have against the…
2Cases cited2 opinions
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Doyle v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by19 opinions
- Stutz v. Guardian Cab Corp.Appellate Division of the Supreme Court of the State of New York · 1947
- Edwards v. SullivanNew York Supreme Court · 1949
- In Re FahysDistrict Court, S.D. New York · 1937
- Davis v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1922
- Baer v. BroderNew York Supreme Court · 1981
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