Legal Opinion

Fried v. New York Central Railroad

Superior Court of Buffalo

Decided October 15, 1858PublishedCited by 10 opinions

Demurrer to the complaint.

1Opinion of the Court

By the court, Hasten, Justice.

The action is for carelessly and negligently setting fire to and burning up grass and fences, and hay stacked upon a certain farm owned and possessed by one Robert Skilling. Skilling executed an assignment of his right of action to the plaintiff. The defendant demurs to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The point relied upon is, that the right of action stated in the complaint is not assignable. The true test, by which to determine what of a personal nature is capable of being transferred by…

2Cited by10 opinions

  1. Zabriskie v. . SmithNew York Court of Appeals · 1855
  2. Atlantic, Valdosta & Western Railroad v. McDildaSupreme Court of Georgia · 1906
  3. Slauson v. Schwabacher Bros. & Co.Washington Supreme Court · 1892
  4. Baltimore & Ohio Railroad v. CountrymanIndiana Court of Appeals · 1896
  5. Walker v. SanfordNew York Supreme Court · 1926

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