Legal Opinion

McInerney v. Main

Appellate Division of the Supreme Court of the State of New York

Decided April 13, 1903Published

Appeal from Special Term, Kings County. Action by Mary Mclnerney against Thomas F. Main and others. From an order sustaining a demurrer to the complaint, and from an interlocutory judgment entered thereon, plaintiff appeals.

1Opinion of the CourtHooker, J.

This is an action to recover damages alleged to have been sustained by the plaintiff to his person and property by reason of the negligence of the defendants. In the paragraph of the complaint devoted to the extent and nature of her damages the plaintiff alleges personal injuries and the destruction of her property, and claims damages for both. The defendant Main demurred to the complaint on the ground that these two causes of action were improperly united in the complaint. His demurrer was sustained at Special Term, and from the order and interlocutory judgment entered thereon the plaintiff…

2Cases cited9 opinions

  1. Reilly v. . Sicilian Asphalt Paving Co.New York Court of Appeals · 1902
  2. Reilly v. Sicilian Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1898
  3. Howe v. PeckhamNew York Supreme Court · 1851
  4. Rothchild v. Grand Trunk Railway Co. of CanadaNew York Supreme Court · 1890
  5. Adams v. BissellNew York Supreme Court · 1858

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