Legal Opinion
Hoad v. New York Cent. R.
District Court, W.D. New York
Decided July 11, 1933No. 1074APublishedCited by 4 opinions
1Opinion of the Court
KNIGHT, District Judge.
The action is in negligence. Each defendant sets up as one of its defenses a release by the plaintiff. Plaintiff replying alleges that such release was obtained through misrepresentation and that it is null and void. Eaeh defendant now moves for an order directing that the issue as to validity of such release be tried separately from the issue of negligence.
Section 443 of the Civil Practice Act of New York State specifically provides that the court, in the exercise of its discretion, may direct separate trial “of some or all of the issues of fact.” It is well settled by…
2Cases cited14 opinions
- Union Pacific Railway Co. v. HarrisSupreme Court of the United States · 1895
- Union Pac. R. v. SyasCourt of Appeals for the Eighth Circuit · 1917
- Plews v. BurrageCourt of Appeals for the First Circuit · 1921
- Lion Oil Refining Co. v. AlbrittonCourt of Appeals for the Eighth Circuit · 1927
- Manchester St. Ry. v. BarrettCourt of Appeals for the First Circuit · 1920
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3Cited by4 opinions
- Ross v. Service Lines, Inc.District Court, E.D. Illinois · 1940
- Michael Rose Productions, Inc. v. Loew's Inc.District Court, S.D. New York · 1956
- Hoad v. New York Cent. R.District Court, W.D. New York · 1934
- McGraw v. J. Ray McDermott & Co.District Court, E.D. Louisiana · 1978