Powell v. Cohoes Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the. Cohoes Railway Company, from. a. judgment of the Supreme. Court in favor of the plaintiff and against, said defendant,, entered in the. office, of the clerk of the county of Rensselaer on the 1st day of June, 1909,. upon, the verdict of a jury for $1^,000, and also from an order entered in said clerk’s office on the 3d day of June, 1909, denying the. said defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the. Cohoes Railway Company, from. a. judgment of the Supreme. Court in favor of the plaintiff and against, said defendant,, entered in the. office, of the clerk of the county of Rensselaer on the 1st day of June, 1909,. upon, the verdict of a jury for $1^,000, and also from an order entered in said clerk’s office on the 3d day of June, 1909, denying the. said defendant’s motion for a new trial made upon the minutes. Also an appeal by the plaintiff, James H. Powell, from a judgment of the Supreme Court in favor of the defendant United Traction Company, entered in the…
1Opinion of the Court
Sewell, J.:
One of. the questions presented by this appeal is whether the trial court had power to grant the application of the plaintiff to amend the complaint by setting forth the acts of negligence on the part of the United Traction Company which he claimed caused the accident. Section 723 of the Code of Civil Procedure provides that “ the court may upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as it deems just, amend any process, pleading, or other proceeding * * * by inserting an allegation material to the case.…
2Cases cited5 opinions
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
- Rose v. . Boston Albany R.R. Co.New York Court of Appeals · 1874
- Jackman v. LordNew York Supreme Court · 1890
- Roblee v. Town of Indian LakeAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- Peterson v. EighmieAppellate Division of the Supreme Court of the State of New York · 1916
- Dravo Corporation v. CopelandMississippi Supreme Court · 1941
- Peloso v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1924
- Dziengelewsky v. Turner & Blanchard, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- Smith v. Parker, New York County Courts1915