Rasquin v. Knickerbocker Stage Co.
New York Court of Common Pleas
Appeal from an order denying leave to discontinue without costs. The action was brought by plaintiff to recover damages for injuries alleged to have been sustained by son of plaintiff by being nm over on 17th of July, 1858, by one of defendants’ stages. The answer denied every allegation in the complaint relating to the injury, and averred that if it happened it was through the negligence of the plaintiff’s son.
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Appeal from an order denying leave to discontinue without costs. The action was brought by plaintiff to recover damages for injuries alleged to have been sustained by son of plaintiff by being nm over on 17th of July, 1858, by one of defendants’ stages. The answer denied every allegation in the complaint relating to the injury, and averred that if it happened it was through the negligence of the plaintiff’s son. On the 29th of September, 1859, defendants made a settlement with the plaintiff, and delivered to him a check for $350, which was subsequently paid, and obtained from him a release in…
1Opinion of the Court
By the Court.*—Daly, F. J.
—This was a motion on the part of the defendant for an .order discontinuing the suit, on the ground that it had been settled between the plaintiff and the defendant. The action was brought by the plaintiff, to recover *329for the loss of services, and the expense he had been put to in consequence of an injury sustained by his son, arising from the negligence of the defendants’ servants, in which the plaintiff laid his damages at two thousand dollars. The cause had been at issue for eleven months,, during which period it had been twice reached and was ready for trial on…
2Cases cited1 opinion
- People v. HardenberghNew York Supreme Court · 1811
3Cited by8 opinions
- Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
- Miedreich v. RankIndiana Court of Appeals · 1907
- National Exhibition Co. v. CraneNew York Court of Appeals · 1901
- Coughlin v. New York Central & Hudson River RailroadNew York Court of Appeals · 1877
- Miller v. HoustonColorado Court of Appeals · 1915
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