Clark v. Dillon
New York Court of Common Pleas
I. May, 1882. Appeal by the defendants from a judgment for the plaintiff entered upon the verdict of a jury. This action was brought by Albert C. Clark against Sidney Dillon and others, for the loss of the services of plaintiff’s wife, who was injured by falling into an excavation made by defendants in a city street.
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I. May, 1882. Appeal by the defendants from a judgment for the plaintiff entered upon the verdict of a jury. This action was brought by Albert C. Clark against Sidney Dillon and others, for the loss of the services of plaintiff’s wife, who was injured by falling into an excavation made by defendants in a city street. The answer averred that the alleged injuries charged in the complaint “ were brought about, caused and contributed to” by the wife, and that in a prior action brought by her to recover damages for such injuries, the husband had promised and agreed to waive any claim on his part,…
1Opinion of the CourtBeach, J.
The defendants’ counsel asked the trial court to charge the jury that before the plaintiff could recover, they must determine that defendants made the excavation as a matter of fact. No direct evidence was given of the fact. The learned judge held there was no denial of the allegation upon the subject in the complaint. The sufficiency of the pleadings to raise an issue, is the question presented by the appeal.
An answer must contain a general or specific denial of each material "allegation of the complaint controverted by the defendant {Code Civ. Pro. § 500, subd. 1.). This is a plain rule by…
2Cases cited72 opinions
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- Hill v. SmithCalifornia Supreme Court · 1865
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