Critelli v. Rogers
New York Supreme Court
Appeal from special term, Erie county. , Action by G-uisseppe Critelli, as administrator of Angelo Orlando, deceased, against Rogers & Clement, to recover damages resulting from the death of plaintiff’s intestate, alleged to have been caused by defendants’ negligence.
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Appeal from special term, Erie county. , Action by G-uisseppe Critelli, as administrator of Angelo Orlando, deceased, against Rogers & Clement, to recover damages resulting from the death of plaintiff’s intestate, alleged to have been caused by defendants’ negligence. From so much of an order, made on application of plaintiff to amend the complaint, as permitted defendants by amendment and supplemental answer to allege the statute of limitations as a bar with the same force and effect as if the action were commenced on the day of plaintiff’s application to amend his complaint, plaintiff…
1Opinion of the Court
BRADLEY,' J.
This action was commenced in September, 1892. By the complaint it was alleged that the death of the plaintiff’s intestate was caused by the negligence of the defendants. They answered in October following. When the action was reached and moved on for trial at the Erie circuit, March 15,1894, the plaintiff’s counsel moved to amend the complaint as hereinafter mentioned. The motion so made at the trial was denied, but with view to further application for such- relief the plaintiff was permitted to and did withdraw a juror. Upon an order to show cause the motion was afterwards heard…
2Cases cited3 opinions
- Dubois v. . BeaverNew York Court of Appeals · 1862
- Cheetham v. LewisNew York Supreme Court · 1808
- Relyea v. BeaverNew York Supreme Court · 1861
3Cited by1 opinion
- McGehee v. CookeCity of New York Municipal Court · 1907