Shepard v. Manhattan Railway Co.
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action, by Boberfc Shepard, Mary N. Shepard, Frances S.-Shepard individually and as administratrix, etc., and Irene H. Shepard, and others, infants, by their guardian ad litem, against the Manhattan Railway Company and the Metropolitan Bail way Company, lessor of the Manhattan Bail way Company.
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Appeal from special term. Action, by Boberfc Shepard, Mary N. Shepard, Frances S.-Shepard individually and as administratrix, etc., and Irene H. Shepard, and others, infants, by their guardian ad litem, against the Manhattan Railway Company and the Metropolitan Bail way Company, lessor of the Manhattan Bail way Company. Plaintiffs sought an injunction restraining the defendants from maintaining and operating an elevated railway in front of plaintiffs’ premises, known as “Standard Theatre,” situated on Broadway, in the city of Hew York, and demanded judgment for the amount of damages sustained…
1Opinion of the CourtSedgwick, C. J.
The only ground taken on the argument as a reason for reversal was that the complaint unites causes of action which do not affect all the. parties, under section 484, Code Civil Proc., which declared, after union of causes had been allowed by the previous section, “But it must appear, upon the face of the complaint, that all the causes of action so united, belong to one of the foregoing subdivisions of this section; that they are consistent with each other; and, except as otherwise prescribed by law, that they affect all the parties to the action.” Leaving unconsidered for awhile the effect…
2Cases cited1 opinion
- Simar v. . CanadayNew York Court of Appeals · 1873
3Cited by1 opinion
- Sanders v. New York El. R. Co.New York Court of Common Pleas · 1889