Legal Opinion

Madden v. Arnold

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

Decided July 1, 1897PublishedCited by 2 opinions

Appeal by the plaintiff, Joseph Madden, an infant, by Margaret Talbut, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 5th day of August, 1897, upon a nonsuit granted by the court at the close of the testimony, on the ground that the Supreme Court of the State of New York had no jurisdiction of the action.

1Opinion of the Court

Putnam, J.:

The plaintiff, a resident of the county of Albany, sought to recover damages against the defendant for injuries inflicted by a vicious dog on land purchased by the United States in 1828, and over which the Legislature of the State of New York had ceded jurisdiction by chapter 332 of the Laws of 1830, for the purpose of erecting and maintaining thereon an arsenal, magazine, dock yards and other necessary buildings, reserving to the State concurrent jurisdiction with the United States, so far as that civil process in all cases, and such criminal process as may be issued under…

2Cases cited16 opinions

  1. Fort Leavenworth Railroad v. LoweSupreme Court of the United States · 1885
  2. Chicago, Rock Island & Pacific Railway Co. v. McGlinnSupreme Court of the United States · 1885
  3. Benson v. United StatesSupreme Court of the United States · 1892
  4. Commonwealth v. ClaryMassachusetts Supreme Judicial Court · 1811
  5. Palmer v. BarrettSupreme Court of the United States · 1896

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3Cited by2 opinions

  1. Webb v. J. G. White Engineering CorporationSupreme Court of Alabama · 1920
  2. McCarthy v. R. G. Packard Co.Appellate Division of the Supreme Court of the State of New York · 1905

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