Pietraroia v. New Jersey & Hudson River Railway & Ferry Co.
New York Court of Appeals
Appeal, by permission, from a judgment entered July 1, 1909, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and directed a dismissal of the complaint.
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Appeal, by permission, from a judgment entered July 1, 1909, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and directed a dismissal of the complaint. This action was brought to recover damages for the death of the plaintiff’s intestate, which the complaint alleges to have been caused by the negligence of the defendant’s servants. The deceased was struck by a car of the defendant, while crossing one of its tracks, in the state of…
1Opinion of the CourtGray, J.
Tlie Appellate Division has exercised its discretion in refusing to entertain jurisdiction of the plaintiff’s action, by refusing a new trial of the action and by dismissing his complaint, and it cannot well be said that grounds were lacking for its action. That it possessed this discretionary power is not to be doubted. When created, its jurisdiction was to be that which was exercised by the former “ Supreme Court at its general terms ” and it remains a part of the Supreme Court. (Code Civ. Proc. sec. 220.) Its powers of review comprehend the right to review an exercise of discretion by the…
2Cases cited6 opinions
- O'Connor v. . HugginsNew York Court of Appeals · 1889
- Burdick v. . FreemanNew York Court of Appeals · 1890
- Collard v. BeachAppellate Division of the Supreme Court of the State of New York · 1903
- Gardner v. ThomasNew York Supreme Court · 1817
- Dewitt v. BuchananNew York Supreme Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
- Islamic Republic of Iran v. PahlaviNew York Court of Appeals · 1984
- Gregonis v. Philadelphia & Reading Coal & Iron Co.New York Court of Appeals · 1923
- Bata v. BataNew York Court of Appeals · 1952
- Meehan v. Central Railroad Company of New JerseyDistrict Court, S.D. New York · 1960
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