Russell v. Kniffin
New York Supreme Court
Motion on behalf of the plaintiff for a new trial made upon the minutes of the court.
1Opinion of the CourtStephens, J.
This is an action to recover for personal injuries alleged to have been received by the plaintiff through defendant’s negligence.
The motion is predicated chiefly upon the proposition that the court erred in submitting to the jury, in any fashion, the question of the Statute of Limitations.
The defendant pleaded the statute. During the course of the trial the court stated, or audibly assumed, that the action was commenced by the service of the summons on August 2, 1920. The plaintiff gave evidence to the effect that the accident in which plaintiff was injured occurred August 8, 1917, while the…
2Cases cited7 opinions
- Aultman Taylor Co. v. . SymeNew York Court of Appeals · 1900
- Tismer v. . New York Edison Co.New York Court of Appeals · 1920
- Walton v. StaffordAppellate Division of the Supreme Court of the State of New York · 1897
- Walton v. . StaffordNew York Court of Appeals · 1900
- Benoit v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904
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