Horan v. . Hastorf
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 23, 1917, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far -as material, are stated in the opinion. As the license was in evidence it should have been considered by the court, the same as any other' evidence in the case.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 23, 1917, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far -as material, are stated in the opinion. As the license was in evidence it should have been considered by the court, the same as any other' evidence in the case. The license having been admitted by the mutual consent of the parties it should prevail over the pleadings in determining its terms. (Otten v. Man. Ry. Co., 150 N. Y. 395; Holt Bros. v. Wolfe, 19…
1Opinion of the CourtPound, J.
This is an action to recover damages for death alleged to have been caused by defendant’s negligence. The complaint alleges in substance that defendant had a license or permit from the city of New York to use and occupy the inshore or most easterly dump on ' the northerly side of the pier at the foot of West Thirtieth street, Manhattan, together with the right to the use of the ramp or approach thereat and thereto; that by the terms of such license or permit he agreed to keep in repair the superstructure of said wharf property including the said ramp and approach; that he permitted con-'…
2Cases cited9 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Butler v. . Village of OxfordNew York Court of Appeals · 1906
- Terry v. . Village of PerryNew York Court of Appeals · 1910
- Faber v. . City of New YorkNew York Court of Appeals · 1915
- Lalor v. . City of New YorkNew York Court of Appeals · 1913
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3Cited by10 opinions
- Thompson v. . Postal Life Ins. Co.New York Court of Appeals · 1919
- K & J Clayton Holding Corp. v. Keuffel & Esser Co.New Jersey Superior Court Appellate Division · 1971
- Mawhinney v. Millbrook Woolen Mills, Inc.New York Supreme Court · 1918
- Harvey v. Old Dominion S. S. Co.Court of Appeals for the Second Circuit · 1924
- Knight v. CecilSupreme Court of Oklahoma · 1925
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