King v. Mail & Express Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff,. Martin J. King, as administrator, etc.,. of Ellen O’Hare, deceased, from a judgment of the Supreme Court • in favor of the defendant, entered iU'the office of- the clerk of the' county of New York on the 13th day of July, 1905, pursuant to an interlocutory judgment entered in said clerk’s office on the 1st day of June, 1905, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the defendant’s demurrer" to…
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Appeal by the plaintiff,. Martin J. King, as administrator, etc.,. of Ellen O’Hare, deceased, from a judgment of the Supreme Court • in favor of the defendant, entered iU'the office of- the clerk of the' county of New York on the 13th day of July, 1905, pursuant to an interlocutory judgment entered in said clerk’s office on the 1st day of June, 1905, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the defendant’s demurrer" to tlie amended complaint.
1Opinion of the Court
Clarke, J.:
This, is an administrator’s action under section 1902 et seq. of the Ce de of Civil Procedure to recover damages for the' death of plain-. .tiff’s intestate as the result of defendant’s negligence. Defendant demurred upon the ground that the complaint did not state facts sufficient to constitute a cause of action.
The complaint alleges: “ That on December 6th, 1.902, plaintiff’s intestate, Ellen O’Hare, in the exercise of due care and precaution, was lawfully crossing Tenth Avenue at the northeast corner of 52d street, public highways in the Borough of Manhattan,-from the east side…
2Cases cited1 opinion
- Kenney v. New York Central & Hudson River RailroadNew York Supreme Court · 1888
3Cited by1 opinion
- Hall v. MarvinAppellate Division of the Supreme Court of the State of New York · 1910