Smith v. Parker
New York County Courts
Action by James H. Smith, an infant, by Josephus Smith, his guardian ad litem, against Bedell Parker. On motion by plaintiff for an order overruling the defendant’s demurrer to the complaint as frivolous, and for judgment on the pleadings. Demurrer overruled, and motion for judgment granted, with leave to answer.
1Opinion of the CourtGibbs, J.
This is a motion for an order overruling the demurrer herein as frivolous and for judgment on the pleadings. Plaintiff is an inf ant.of the age of 14 years, and seeks to recover money damages for personal injuries alleged to have been sustained by him by reason of the negligent operation of a horse and carriage owned and controlled by the defendant. The allegation in the complaint which is the basis of the cause of action, reads as follows:
“That this defendant and his servant or employe were negligent and careless in the management and operation of the said carriage, and the control of the…
2Cases cited5 opinions
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
- McCarthy v. New York Central & Hudson River RailroadThe Superior Court of the City of New York and Buffalo · 1889
- Powell v. Cohoes Railway Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Schlesinger v. Central RailroadAppellate Terms of the Supreme Court of New York · 1911
3Cited by1 opinion
- Johnson v. HerringMontana Supreme Court · 1931