Quinlan v. Birge
New York Supreme Court
Appeal by the defendants from an order of the Erie county Special Term permitting the plaintiff’s attorney to prosecute the action for the purpose of recovering his costs after settlement and discontinuance of the action without his consent. The deceased lost his life by the burning of the defendants’ factory, in which he was at that time engaged as their servant.
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Appeal by the defendants from an order of the Erie county Special Term permitting the plaintiff’s attorney to prosecute the action for the purpose of recovering his costs after settlement and discontinuance of the action without his consent. The deceased lost his life by the burning of the defendants’ factory, in which he was at that time engaged as their servant. It was claimed by the plaintiff that the accident occurred by reason of the defendant’s negligence, and this action was brought to recover the damages suffered by the next of km of the deceased. After the issues were joined, and…
1Opinion of the Court
Barker, J.:
We do not need, in disposing of this appeal, to discuss many of the legal propositions argued by the learned counsel for the respective parties, for in our previous decisions, in similar cases, we have considered and passed upon the controverted questions now presented. This court held in Dimick v. Cooley (3 Civil Pro. R., 141) that the provisions of section 66 of the Code of Civil Procedure, as amended in 1879, had the effect to change the rule of the *485common law, and by its terms gives an attorney for the plaintiff a lien on the cause of action from the time of the commencement…
2Cases cited4 opinions
- Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
- Martin v. HawksNew York Supreme Court · 1818
- Albert Palmer Co. v. Van OrdenThe Superior Court of New York City · 1882
- Tullis v. BushnellNew York Court of Common Pleas · 1883