Lawyer v. . Fritcher
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ■Court in the third judicial department, entered upon an order made December 11, 1889, which affirmed a judgment in favor ■of plaintiff entered upon a verdict. The nature of the action and the material facts are stated in rthe opinion. Plaintiff was guilty of contributory negligence and cannot recover.
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Appeal from judgment of the General Term of the Supreme ■Court in the third judicial department, entered upon an order made December 11, 1889, which affirmed a judgment in favor ■of plaintiff entered upon a verdict. The nature of the action and the material facts are stated in rthe opinion. Plaintiff was guilty of contributory negligence and cannot recover. (Segar v. Slingerland, 2 Caines, 219; Travis v. Barger, 24 Barb. 614; Smith v. Martin, 15 Wend. 270; Barnett v. Greathead, 49 Barb. 106; 2 Greenl. on Ev. § 578.) The court erred in admitting testimony showing a promise of marriage existing…
1Opinion of the CourtPotter, J.
This action was brought by plaintiff against defendant to recover damages, as alleged in the complaint, for the abduction of plaintiff’s infant daughter from the service of the plaintiff, her father, and also for seduction while she was absent from lier father’s house. It appears that the defendant, who is a man sixty years of age and has a wife from whom he is not legally divorced, and who is living absent from him, on the Gtli of May, 1886, came to the plaintiff’s house and had an interview with the plaintiff, as well as Ms daughter.
On the sixteenth day of May following he again came to the…
2Cases cited4 opinions
- Hewit v. PrimeNew York Supreme Court · 1839
- Lipe v. . EisenlerdNew York Court of Appeals · 1865
- White v. . NellisNew York Court of Appeals · 1865
- Ingerson v. MillerNew York Supreme Court · 1866
3Cited by19 opinions
- Lamb v. S. Cheney & SonNew York Court of Appeals · 1920
- Kajtazi v. KajtaziDistrict Court, E.D. New York · 1978
- Pickle v. PageNew York Court of Appeals · 1930
- Tidd v. . SkinnerNew York Court of Appeals · 1919
- McNally v. AddisAppellate Division of the Supreme Court of the State of New York · 1970
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