Daniel v. Brooklyn Heights Railroad
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from an order of the Municipal Court of the city of New York, borough of Manhattan, second district, vacating and setting aside a judgment herein.
1Opinion of the CourtDelany, J.
This is an appeal from an order directing the clerk to mark a certain paper entered as a judgfnent in his docket ‘ ‘ cancelled, ’ ’ and that the case in which it purported to be entered be restored to the calendar, in order that an assessment of damage maybe made. The plaintiff brought suit to recover damages for the breach of a contract of carriage. At the first trial the defendant recovered a judgment, which was reversed by this court. 121 N. Y. Supp. 577. Prior to the second trial the plaintiff died, and the action was continued in the name of his wife for the benefit of his estate. Upon…
2Cases cited3 opinions
- Dalton v. LoughlinNew York Court of Common Pleas · 1877
- Daniel v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1912
- Daniel v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1910
3Cited by2 opinions
- Marx v. Commerce Realty Corp.New York Supreme Court · 1950
- Murray v. MurrayAppellate Division of the Supreme Court of the State of New York · 1980