Legal Opinion · Dissent

Schultze v. City of New York

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

Decided July 11, 1913Published

Appeal by the defendant, The City of New York, from, a judgment of thé Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 12th day of December, 1911, upon the. verdict of a jury, also from so much of an order entered in said clerk’s office on the. 9th day of October, 1911, as grants the plaintiffs motion for interest, and also from an order entered on the 20th day of October, 1911, denying the defendant’s motion for a…

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Appeal by the defendant, The City of New York, from, a judgment of thé Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 12th day of December, 1911, upon the. verdict of a jury, also from so much of an order entered in said clerk’s office on the. 9th day of October, 1911, as grants the plaintiffs motion for interest, and also from an order entered on the 20th day of October, 1911, denying the defendant’s motion for a new trial made upon the minutes.

1Dissent

Dowling, J. (dissenting):

Section 1773 of the Consolidation Act (Laws of 1882, chap. 410), continued in force by section 1571 of the Greater New York charter (Laws of 1901, chap. 466, amdg. Laws of 1897, chap. 378), thus provides, in relation to the duties of a coroner’s physician: " When in the city of New York any person shall die from criminal violence, or by a casualty, or suddenly when in *45apparent health, or when unattended by a physician, or in prison, or in any suspicious or unusual manner, the coroner shall subpoena one of the coroner’s physicians, who shall view the body of such…

2Cases cited3 opinions

  1. People Ex Rel. Hoefle v. . CahillNew York Court of Appeals · 1907
  2. People ex rel.Corkhill v. McAdooAppellate Division of the Supreme Court of the State of New York · 1904
  3. People ex rel. Hillman v. ScholerAppellate Division of the Supreme Court of the State of New York · 1904

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