Legal Opinion

Madden v. Arnold

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 1897PublishedCited by 1 opinion

Appeal from trial term. Action by Joseph Madden, an infant, by Margaret Talbut, his guardian ad litem, against Isaac Arnold, for damages for personal injuries. Plaintiff was nonsuited, and he appeals. Reversed. Argued before PARKER, P. J., and LANDON, HERRICK, PUTNAM, and MERWIN, JJ.

1Opinion of the CourtPutnam, J.

This is an appeal from a judgment of nonsuit directed by the trial court at the close of the testimony on the ground that the supreme court of this state had no jurisdiction of the action. The plaintiff, a resident of the county of Albany, sought to recover damages against the defendant for injuries inflicted on him by a vicious dog, on land purchased by the United States in 1828, and over which the legislature of the state of New York had ceded jurisdiction, by chapter 332 of the Laws of 1830, for the purpose of erecting and maintaining thereon an arsenal, magazine, dock yards, and other…

2Cases cited16 opinions

  1. Fort Leavenworth Railroad v. LoweSupreme Court of the United States · 1885
  2. Chicago, Rock Island & Pacific Railway Co. v. McGlinnSupreme Court of the United States · 1885
  3. Benson v. United StatesSupreme Court of the United States · 1892
  4. Commonwealth v. ClaryMassachusetts Supreme Judicial Court · 1811
  5. Palmer v. BarrettSupreme Court of the United States · 1896

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3Cited by1 opinion

  1. Webb v. J. G. White Engineering CorporationSupreme Court of Alabama · 1920

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