Coyle v. Davidson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Nellie M. Coyle, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of November, 1903, denying the plaintiff’s motion for leave to serve an amended complaint.
1Opinion of the Court
Laughlin, J.:
The original complaint was for $1,500 damages to plaintiff’s dwelling .and premises No. 396 Third avenue, in the city of New York, by. water flowing from adjacent premises owned by defendant, upon which there was a building also owned by him, and near plaintiff’s dwelling house, alleged to have been caused “ by reason of the carelessness and negligence of the defendant.” Issue was joined by the defendant’s answer. The case was placed upon the calendar and moved for trial. Counsel for defendant moved to dismiss the complaint, at the opening of the trial, on the ground that it did…
2Cases cited6 opinions
- Vanderwiele v. . TaylorNew York Court of Appeals · 1875
- Rhodes v. LewinAppellate Division of the Supreme Court of the State of New York · 1898
- Rosenberg v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Ziegler v. TrenkmanAppellate Division of the Supreme Court of the State of New York · 1898
- Purdy v. Manhattan Ry. Co.New York Court of Common Pleas · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Pratt, Hurst & Co. v. TailerAppellate Division of the Supreme Court of the State of New York · 1904