Burke v. . Ireland
New York Court of Appeals
. Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 2, 1900, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint should have been dismissed on the ground that the plaintiff failed to prove the cause of action therein pleaded.
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. Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 2, 1900, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint should have been dismissed on the ground that the plaintiff failed to prove the cause of action therein pleaded. (Southwick v. F. Nat. Bank, 84 N. Y. 420; Truesdale v. Sarles, 104 N. Y. 167; Day v. Town of New Lots, 107 N. Y. 148; Reed v. McConnell,…
1Opinion of the CourtO’Brien, J.
The judgment in this case imputes personal negligence to the defendant Ireland, resulting in the death of the plaintiff’s intestate. The important question presented by the appeal is, whether this conclusion is justified by the undisputed facts. It is insisted among other things on behalf of the defendant, who has appealed from the judgment, that the recovery has been had upon different grounds than those alleged in the complaint; and, also, it is contended that there should be a reversal upon exceptions taken to the refusal of the learned trial judge, at the request of the defendant’s…
2Cases cited16 opinions
- Engel v. . Eureka ClubNew York Court of Appeals · 1893
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
- Kelly v. . the Mayor C. of New-YorkNew York Court of Appeals · 1854
- Pack v. . the Mayor, C., of New YorkNew York Court of Appeals · 1853
- Wolf v. . American Tract SocietyNew York Court of Appeals · 1900
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3Cited by34 opinions
- Ryan v. Feeney & Sheehan Building Co.New York Court of Appeals · 1924
- Haefeli v. Woodrich Engineering Co.New York Court of Appeals · 1931
- Herman v. . City of BuffaloNew York Court of Appeals · 1915
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1907
- Cornell v. . Travelers' Ins. Co.New York Court of Appeals · 1903
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