Lynch v. Second Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Susanna Lynch, as administratrix, etc., of Patrick J. Lynch, deceased, from an order of the Supreme Court,, made at the. New York Special Term and entered in the office of -the clerk of the county of New York on -the 16th day of March, 1896, striking out certain portions of the amended complaint as irrelevant.
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Appeal by the plaintiff, Susanna Lynch, as administratrix, etc., of Patrick J. Lynch, deceased, from an order of the Supreme Court,, made at the. New York Special Term and entered in the office of -the clerk of the county of New York on -the 16th day of March, 1896, striking out certain portions of the amended complaint as irrelevant. The action was brought to recover the damages resulting from the death of the plaintiff’s intestate, caused, as was alleged, by the negligence of the defendant.
1Opinion of the Court
O’Brien, J.:
The portions stricken out of the amended complaint consisted in substance of an allegation in paragraph “ third,” that “ the plaintiff’s intestate boarded and got upon the front platform of one of the defendant’s street cars,” and the further allegation that the plaintiff’s intestate was thrown “off and from the said platform of said car.” Also the whole of paragraph “ fourth,” which was as follows: “ Fourth. Upon information and belief that at all the times herein mentioned the defendant company had a rule, regulation and custom whereby its agents aiid servants directed and…
2Cases cited4 opinions
- New York News Publishing Co. v. National Steamship Co.New York Court of Appeals · 1895
- Williams v. FolsomNew York Supreme Court · 1890
- Hackford v. New York Central, &c., RailroadNew York Supreme Court · 1871
- Town of Dunkirk v. Lake Shore & Michigan Southern Railway Co.New York Supreme Court · 1894
3Cited by2 opinions
- McKee v. JessupAppellate Division of the Supreme Court of the State of New York · 1901
- Burden v. BurdenU.S. Circuit Court for the District of Northern New York · 1903