Wiley v. Village of Rouse's Point
New York Supreme Court
Appeal from special term, Clinton county. Action by Lucinda J. Wiley against the village of Rouse’s Point for personal injuries. The second paragraph of the answer was as follows: “Second.
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Appeal from special term, Clinton county. Action by Lucinda J. Wiley against the village of Rouse’s Point for personal injuries. The second paragraph of the answer was as follows: “Second. The defendant, for a further answer and defense, alleges that if the plaintiff fell upon the streets or sidewalks of the village of Rouse’s Point at the time mentioned in said complaint, and suffered .any injury or damage thereby, the same was caused solely by the contributory negligence of plaintiff.” To this •defense plaintiff interposed the following demurrer: “The plaintiff in this action demurs to the…
1Opinion of the CourtPutnam, J.
On a demurrer to a separate answer the court has before it, and can only consider, the complaint, the answer demurred to, and the demurrer. Hence, although parts of the answer may contain denials, if there is none in the separate answer to which the demurrer is interposed, in the consideration of the case the allegations of the complaint must be deemed admitted. Douglass v. Insurance Co., 138 N. Y. 209-215, 33 N. E. 938; Valentine v. Lunt, 51 Hun, 544-547, 3 N. Y. Supp. 906; Boyd v. McDonald (Sup.) 12 N. Y. Supp. 356; Hammond v. Earle, 58 How. Pr. 426. In this case the second paragraph of…
2Cases cited5 opinions
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Hammond v. EarleNew York Supreme Court · 1880
- Taylor v. RichardsThe Superior Court of New York City · 1863
- Boyd v. McDonaldNew York Supreme Court · 1890
- Valentine v. RichardtNew York Supreme Court · 1889
3Cited by7 opinions
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1902
- Carter v. Eighth Ward BankNew York Supreme Court · 1900
- Durst v. Brooklyn Heights RailroadNew York Supreme Court · 1900
- Corn v. LevyAppellate Division of the Supreme Court of the State of New York · 1904
- Eells v. DumaryAppellate Division of the Supreme Court of the State of New York · 1903
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