Storey v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lawrence E. Storey, as administrator, etc., of Joseph F. Storey, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the Utli day of February, 1898, upon the dismissal of the complaint by direction of the court after a trial at the Hew York Trial Term, and also from an order entered in said clerk’s office on the 15th day of February, 1898, denying the plaintiff’s…
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Appeal by the plaintiff, Lawrence E. Storey, as administrator, etc., of Joseph F. Storey, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the Utli day of February, 1898, upon the dismissal of the complaint by direction of the court after a trial at the Hew York Trial Term, and also from an order entered in said clerk’s office on the 15th day of February, 1898, denying the plaintiff’s motion for a new trial.
1Opinion of the Court
O'Brien, J.:
The action is brought to recover damages for the death of the plaintiff’s son, a child eight years of age, who was run over by a *317butcher’s cart in the street. The ruling of the court was made upon the complaint and the oj>ening of the plaintiff’s counsel before any evidence was taken, and these should, therefore, be examined in determining whether the ruling was right. As the counsel’s opening was a repetition, amplified, of the allegations of the complaint, we may consider that because it is more favorable to the plaintiff in determining the question presented. In his opening to…
2Cases cited6 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Herr v. City of LebanonSupreme Court of Pennsylvania · 1892
- Schafer v. Mayor of New YorkNew York Court of Appeals · 1897
- Behling v. Southwest Penn. Pipe LinesSupreme Court of Pennsylvania · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City of Okmulgee v. HemphillSupreme Court of Oklahoma · 1938
- Jones v. City of South San FranciscoCalifornia Court of Appeal · 1950
- Koch v. FoxAppellate Division of the Supreme Court of the State of New York · 1902
- Smith v. MabreySupreme Court of Missouri · 1941
- Klarquist v. Chamberlain & ProctorCalifornia Court of Appeal · 1932
6 more not listed; retrieve them via the Exa API.