Catterson v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Patrick Catterson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 1st day- of February, 1909, upon the dismissal of the complaint by direction of the court upon the pleadings at- the Kings County Trial Term, and also from an order entered in said clerk’s office on the 4th -day of February, 1909, denying the plaintiff’s motion for a new trial. '
1Opinion of the Court
Burr, J.:
"Upon the trial of this action, after a jury had been impaneled, but before any evidence bad been introduced by -the plaintiff, the court dismissed the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. Upon such a motion not only must the complaint be liberally construed (Code Civ. Proc. § 519), but such construction, so far as matters of form aré concerned,- must be in favor of and not against the pleading. (Coatsworth v. Lehigh Valley R. Co., 156 N. Y. 451; Rochester R. Co. v. Robinson, 133 id. 242; Howe v. Hagan, 110 App. Div. 392;…
2Cases cited7 opinions
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Jeffersonville, Madison, & Indianapolis Railroad v. RileyIndiana Supreme Court · 1872
- McKone v. Michigan Central RailroadMichigan Supreme Court · 1883
- Howe v. HaganAppellate Division of the Supreme Court of the State of New York · 1905
- West Chicago Street Ry. Co. v. CahillAppellate Court of Illinois · 1896
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3Cited by4 opinions
- Pagnillo v. Mack Paving & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Guggenheim v. GuggenheimNew York Supreme Court · 1916
- Lajam v. Abraham Sahdala & Son Corp.Appellate Division of the Supreme Court of the State of New York · 1918
- Page v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1914