Callahan v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from an order of the Supreme Court, made at the Columbia Special Term and entered in the office of the clerk of the county of Columbia on the 10th day of June, 1904, appointing James Callahan committee of the person and estate of Charles F. Callahan, an incompetent person, and substituting the said committee as plaintiff in this action.
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Appeal by the defendant, The New York Central and Hudson River Railroad Company, from an order of the Supreme Court, made at the Columbia Special Term and entered in the office of the clerk of the county of Columbia on the 10th day of June, 1904, appointing James Callahan committee of the person and estate of Charles F. Callahan, an incompetent person, and substituting the said committee as plaintiff in this action. On the 13th day of December, 1902, Charles F. Callahan, who was then about fifteen years of age, was in the employ of the defendant. He fell into a pit in one of the defendant’s…
1Opinion of the Court
Chase, J.:
The courts are always ready to protect the person and property of infants and persons of unsound mind. When a person is incapable qf representing himself,_ either as a plaintiff or d.efqnd.ant in. an auction *59or special proceeding by reason of his infancy, it has long been the practice to allow a next friend or guardian to represent such person in such action or proceeding, and the judgment or order obtained in an action or special proceeding so conducted is binding upon such infant. Notwithstanding the appointment of a next friend or guardian to represent such person, it remains the…
2Cases cited5 opinions
- Clark v. FisherNew York Court of Chancery · 1828
- Rima v. Rossie Iron WorksNew York Court of Appeals · 1890
- Williams v. Empire Woolen Co.Appellate Division of the Supreme Court of the State of New York · 1896
- New v. AlandNew York Supreme Court · 1881
- Hill v. Board of Water & Sewer CommissionersNew York Supreme Court · 1894
3Cited by2 opinions
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