Getty v. Hudson River Rail Road
New York Supreme Court
The complaint in each of these actions, states that the plaintiff is the owner of a farm in the town of Greenport, adjoining the'Hudson river, and upon a, bay in that river; that by virtue of his ownership and possession of his farm, thus fronting upon the river, he had been, and still was, entitled to the free and unobstructed use of the river as a highway to and from his farm, and the free and unobstructed navigation of the river and all parts thereof.
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The complaint in each of these actions, states that the plaintiff is the owner of a farm in the town of Greenport, adjoining the'Hudson river, and upon a, bay in that river; that by virtue of his ownership and possession of his farm, thus fronting upon the river, he had been, and still was, entitled to the free and unobstructed use of the river as a highway to and from his farm, and the free and unobstructed navigation of the river and all parts thereof. Yet the defendants, wrongfully intending to injure the plaintiff, had entered upon the river, and in constructing their rail road, had…
1Opinion of the Court
Harris, Justice.
A complaint is to contain a statement of the facts which constitute a single cause of action (Benedict agt. Seymour, 6 How. Pr. R. 298). This is the general rule. The 167th section of the Code makes certain exceptions to this general rule. It authorizes two or more causes of action, in certain specified cases, and under certain restrictions, to be united in the same complaint. Where a complaint contains matter not relating to the cause of action upon which the plaintiff relies, it may be struck out as irrelevant or redundant Where the matters thus stated constitute a distinct…
2Cases cited1 opinion
- Gould v. Hudson River RailroadNew York Supreme Court · 1852
3Cited by7 opinions
- O'Rourke v. City of Sioux FallsSouth Dakota Supreme Court · 1893
- Hudson v. ArcherSouth Dakota Supreme Court · 1893
- Brewer v. Michigan Salt Ass'nMichigan Supreme Court · 1885
- Varnum v. TaylorNew York Supreme Court · 1891
- Foley v. Mail & Express Publishing Co.The Superior Court of the City of New York and Buffalo · 1894
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