Legal Opinion
Boxberger v. New York, New Haven & Hartford Railroad
New York Court of Appeals
Decided November 20, 1923PublishedCited by 4 opinions
1Opinion of the CourtPound, J.
Plaintiff sued to recover damages for personal injuries sustained by the negligence of the defendant. Defendant pleaded as a separate defense a release. Without moving for. an order directing plaintiff to reply to the new matter (Civil Practice Act, § 274) defendant obtained, under Civil Practice Act (§ 443, par. 2), an order for a separate trial of the issue.
On the trial the court properly ruled, without objection, that this was an affirmative defense. To establish defendant’s prima facie case, a purported release, executed by plaintiff, was offered and received in evidence. Plaintiff then…
2Cases cited4 opinions
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- Whipple v. . Brown Brothers Co.New York Court of Appeals · 1919
- Wilcox v. American Telephone & Telegraph Co.New York Court of Appeals · 1903
- Cleary v. Municipal Electric Light Co.New York Supreme Court · 1892
3Cited by4 opinions
- Wheeler v. StateAppellate Division of the Supreme Court of the State of New York · 1955
- Pacheco v. 32-42 55th Street Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- DeCosta v. WilliamsNew York Supreme Court · 1983
- Wickers v. WickersAppellate Division of the Supreme Court of the State of New York · 1959