Beyer v. Clark
The Superior Court of New York City
Application for leave to sue as a poor person. The action in which the application was presented was ¡brought by Anna Be'yer, an infant; by Elizabeth Beyer, her guardian ad litem, against her employer, Thomas B. Clark for injuries received by contact with a revolving shaft in defendant’s factory. The application was made after the commencement of the action, and was supported by a verified petition in accordance with Code Civ.
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Application for leave to sue as a poor person. The action in which the application was presented was ¡brought by Anna Be'yer, an infant; by Elizabeth Beyer, her guardian ad litem, against her employer, Thomas B. Clark for injuries received by contact with a revolving shaft in defendant’s factory. The application was made after the commencement of the action, and was supported by a verified petition in accordance with Code Civ. Pro. § 459, and also a certificate of a counselor at law to the effect that plaintiff had a good cause of action. The defendant opposed-the application by affidavits of…
1Opinion of the CourtMcAdam, J.
The proofs furnished by the defendant are clear and positive to the effect that the plaintiff brought the injury upon herself. While the courts on motions for leave to sue in forma pauperis are not inclined to go *339into the merits of the controversy, the evidence offered is of such a convincing character that it cannot be overlooked. The plaintiff may reply to the affidavits of the defendan t within two days, and the motion will then be decided.
The following opinion was rendered on the hearing of the motion, after the submission of rebutting affidavit by plaintiff:
McAdam, J.
The plaintiff, an…
2Cases cited1 opinion
- Harris v. Mutual Life InsuranceNew York Supreme Court · 1891
3Cited by1 opinion
- Kahn v. Singer Manufacturing Co.City of New York Municipal Court · 1896