Fahr v. Manhattan Railway Co.
New York Court of Common Pleas
Appeal from trial term. Action by Heinrich Fahr against the Manhattan Railway Company for personal injuries. From a judgment dismissing the complaint, plaintiff appeals. So much of the complaint as is material here follows: “Sixth. That, as the plaintiff was in the act of boarding said train as aforesaid, he succeeded in getting upon one of the platforms of one of the cars of said train, partially. That said car, at said platform, had a gate, as required by law.
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Appeal from trial term. Action by Heinrich Fahr against the Manhattan Railway Company for personal injuries. From a judgment dismissing the complaint, plaintiff appeals. So much of the complaint as is material here follows: “Sixth. That, as the plaintiff was in the act of boarding said train as aforesaid, he succeeded in getting upon one of the platforms of one of the cars of said train, partially. That said car, at said platform, had a gate, as required by law. That, at the time when plaintiff so succeeded in getting upon said platform, said gate was open, and had not been closed. That, when…
1Opinion of the CourtPryor, J.
A complaint must contain a statement of the facts constituting the cause of action. Code, § 481. Though concise, it must still present every constituent of the right and the wrong on which the action proceeds. A requisite fact may appear by implication as well as by express allegation, but the intendment must be reasonable and fair (Kain v. Larkin, 141 N. Y. 144, 36 N. E. 9; Sanders v. Soutter, 126 N. Y. 193, 27 N. E. 263; Marie v. Garrison, 83 N. Y. 14; Milliken v. Telegraph Co., 110 N. Y. 403, 18 N. E. 251); and a construction in favor of the plaintiff can be such only as the language…
2Cases cited11 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Kain v. . LarkinNew York Court of Appeals · 1894
- Clark v. . DillonNew York Court of Appeals · 1884
- Sanders v. . SoutterNew York Court of Appeals · 1891
- Milliken v. Western Union Telegraph Co.New York Court of Appeals · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. JamesNew York Court of Appeals · 1958
- Hicks v. Serano, New York County Courts1911
- Anderson v. McNulty Bros.Appellate Division of the Supreme Court of the State of New York · 1912
- People v. Delaney, New York County Courts1964
- Westchester Hardwood Co. v. Manhattan Electric Light Co.New York Court of Common Pleas · 1894