McNamara v. Nolan
New York Court of Common Pleas
Appeal from city court, general term. Action by Patrick McNamara against John P. Nolan to recover damages for the alleged unskillful medical treatment of plaintiff’s infant child by defendant, as a physician. From an order of the city court (32 N. Y. Supp. 922) affirming an order permitting plaintiff to prosecute as a poor person, defendant appeals.
1Opinion of the CourtBischoff, J.
The action is against a physician to recover damages for the alleged unskillful medical treatment of the plaintiff’s child, a minor; and from an order made at special term in the court below, and by the same court affirmed at general term, permitting the plaintiff to prosecute as a poor person (Code Civ. Proc. §§ 458-467), the defendant has appealed to this court.
The right to costs given to litigants by statute is a substantial one. Sturgis v. Spofford, 58 N. Y. 103. And as the effect of the order appealed from is to deprive the defendant of his costs, if the issue of the action proves to be…
2Cases cited2 opinions
- Sturgis v. . SpoffordNew York Court of Appeals · 1874
- Dietlin v. EganNew York Court of Common Pleas · 1892
3Cited by2 opinions
- Bloomingdale v. SteubingNew York Court of Common Pleas · 1895
- Kahn v. Singer Manufacturing Co.City of New York Municipal Court · 1896