Weidman v. Sibley
Appellate Division of the Supreme Court of the State of New York
Appeal from Monroe county court. Action by William Weidman against Rufus A. Sibley and others for personal injuries. The complaint was dismissed, and plaintiff appeals. Reversed.
1Opinion of the CourtWard, J.
It is insisted on behalf of the appellant that the county court erred* in dismissing the complaint as against the resident defendants. The action was for a tort, and the defendants were severally liable for the plaintiff’s damages, and the plaintiff could maintain an action against all or any of the defendants; and there is no rule which makes all the tort feasors necessary par*1058ties to an action of this character. Creen v. Hartmann, 29 N. Y. 591; Roberts v. Johnson, 58 N. Y. 613; Kain v. Smith, 80 N. Y. 458; Beal v. Finch, 11 N. Y. 134. Had the action been originally brought against only the…
2Cases cited14 opinions
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Landers v. . Staten Island R.R. Co.New York Court of Appeals · 1873
- Creed v. . HartmannNew York Court of Appeals · 1864
- Davidsburgh v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1882
- Roberts v. . JohnsonNew York Court of Appeals · 1874
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3Cited by1 opinion
- Weidman v. SibleyAppellate Division of the Supreme Court of the State of New York · 1897