De Wolf v. . Ford
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 10, lOOt, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 10, lOOt, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. This action was brought to recover damages which "the plaintiff claims to have sustained through the acts of the defendants’ servant, who is charged with forcing his way into a room occupied by the plaintiff in defendants’ hotel, and addressing to her insulting, derogatory and defamatory language. The action was brought to trial before the court and a…
1Opinion of the CourtWerner, J.
As no evidence was taken at the trial, the dismissal of the complaint compels us to assume the truth of all the allegations of fact contained in that pleading. (Sheri dan v. Jackson, 72 N. Y. 170; Baylies Trial Pr. [2d ed.] 247.) The facts which must, therefore, be regarded as established for the purposes of this review are that the relation of innkeeper and guest existed between the defendants and the plaintiff at the time when the servant of the former forced his way into the room of the latter; that this forcible entry was made without invitation from the guest and against her protest;…
2Cases cited12 opinions
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Palmeri v. Manhattan Railway Co.New York Court of Appeals · 1892
- Hulett v. . SwiftNew York Court of Appeals · 1865
- Rahmel v. LehndorffCalifornia Supreme Court · 1904
- Craven v. . BloomingdaleNew York Court of Appeals · 1902
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3Cited by79 opinions
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- Samms v. EcclesUtah Supreme Court · 1961
- Johnson v. Jamaica HospitalNew York Court of Appeals · 1984
- Glen L. Wood v. Holiday Inns, Inc., Interstate Inns, Inc., and Jessie Goynes v. Gulf Oil CorporationCourt of Appeals for the Fifth Circuit · 1975
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