Reilly v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bridget Reilly, as'administratrix, etc., of Thomas Reilly, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 28tli day of November, 1900, upon the dismissal of the complaint by direction of the court upon the opening of the case after a trial at the Orange Trial Term.
1Opinion of the Court
Hirsohberg, J.:
The complaint upon its face asserts a good cause of action, an,d the defendant could not have successfully demurred, as suggested by the learned counsel for the appellant. It alleges ownership of certain real estate in his lifetime by the plaintiff’s intestate and the *416wrongful and negligent injury of the buildings thereon by an explosion occasioned by the' negligence of the defendant in the management of a powder house, located on neighboring premises owned by the latter.
On the opening of the plaintiff’s case, however, it appeared that the plaintiff’s intestate died December…
2Cases cited2 opinions
- Mitchell v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Kilburn v. CoeNew York Supreme Court · 1874
3Cited by1 opinion
- Dailey v. Northern New York Utilities, Inc.New York Supreme Court · 1927