Reilly v. . Sicilian Asphalt Paving Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme .Court in the first judicial department, entered July 28, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. It does not follow that because the injury to property and the injury to the person resulted from the same cause, separate actions cannot be brought.
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Appeal from a judgment of the Appellate Division of the Supreme .Court in the first judicial department, entered July 28, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. It does not follow that because the injury to property and the injury to the person resulted from the same cause, separate actions cannot be brought. They are separate claims and separate causes of action and. so recognized in the statutes. (Mulligan, v. K. I. Co., 109…
1Opinion of the CourtCullen, J.
The appellant claimed that while driving in' Central Park in the city of Rew York both his person and his vehicle were injured in consequence of collision with a gravel heap placed on the road through the negligence of the defendant. Thereupon he brought an action against the defendant in the Court of Common Pleas to recover damages for the injury to his person. Subsequently he brought another action in one of the District Courts in the city of New York to recover for the injury to his vehicle. In this last action he obtained judgment, which was paid by the defendant. Thereafter the defendant…
2Cases cited8 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- Doran v. CohenMassachusetts Supreme Judicial Court · 1888
- King v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1900
- Nathans v. . HopeNew York Court of Appeals · 1879
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3Cited by46 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Vasu v. Kohlers, Inc.Ohio Supreme Court · 1945
- Georgia Railway & Power Co. v. EndsleySupreme Court of Georgia · 1928
- Henderson v. United States Radiator CorporationCourt of Appeals for the Tenth Circuit · 1935
- Dearden v. HeyMassachusetts Supreme Judicial Court · 1939
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