Prospect Park & Coney Island Railroad v. Morey
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Prospect Park and Coney Island Railroad Company and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 3d day of January, 1913, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Burr, J.:
Plaintiffs appeal from a final judgment sustaining a demurrer to the complaint. It is necessary for us to consider but two of the objections therein specified, namely, the failure to state facts sufficient to constitute a cause of action and the improper union of causes of action.
In examining a complaint consisting of 283 pages of closely-printed matter, it is somewhat difficult to extract therefrom the facts which plaintiffs contend constitute a cause of action. We think that this fairly summarizes them: About April 27, 1876, one of the plaintiffs, the Prospect Park and Coney Island…
2Cases cited4 opinions
- Cohen v. Nathaniel Fisher & Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Bouton v. City of BrooklynNew York Supreme Court · 1853
- Howell v. City of BuffaloNew York Court of Appeals · 1863
- Parker v. Arctic Fire InsuranceNew York Court of Appeals · 1874
3Cited by3 opinions
- Certia v. University of Notre Dame Du LacIndiana Court of Appeals · 1923
- Guttag v. ShatzkinAppellate Division of the Supreme Court of the State of New York · 1920
- Dennin v. WoodburyNew York Supreme Court · 1916