Waydell v. Gabrielson
Court of Appeals for the Second Circuit
In Error' to the Circuit Court of the United States for the Eastern District of New York. This is a writ of error by the defendants in the court below to review a judgment for the plaintiff entered upon the verdict of a jury.
1Opinion of the Court
WALLACE, Circuit Judge.
We are of the opinion that the trial judge erred in not ruling that the New York statute of limitations was a bar to any recovery by the plaintiff upon the first cause of action set forth in his complaint, and consequently that thé assignment of error impugning that ruling is well founded. That cause of action is for an assault and battery which was committed upon the plaintiff more than two years before the present action was commenced, and is explicitly within section 384 of the Code of Civil Procedure, which provides that an action to recover damages for assault and…
2Cases cited3 opinions
- Gabrielson v. . WaydellNew York Court of Appeals · 1892
- Wooster v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1877
- Hayward v. Manhattan Railway Co.New York Supreme Court · 1889
3Cited by2 opinions
- Bellinger v. German Insurance Co.New York Supreme Court · 1906
- Producers Releasing Corp. De Cuba v. Pathe Industries, Inc.District Court, S.D. New York · 1950