Weidman v. Sibley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Weidman, from a judgment of the County Court of Monroe county in favor of the defendants, entered in the officb of the clerk of the county of Monroe on the 29th day of May, 1896, upon the dismissal of his complaint directed by the court after a final before the court and a jury, and also from an order entered in said clerk’s office on the 17th day of August, 1896, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, William Weidman, from a judgment of the County Court of Monroe county in favor of the defendants, entered in the officb of the clerk of the county of Monroe on the 29th day of May, 1896, upon the dismissal of his complaint directed by the court after a final before the court and a jury, and also from an order entered in said clerk’s office on the 17th day of August, 1896, denying the plaintiff’s motion for a new trial made upon the minutes. This action was commenced in November, 1895, in the County Court of Monroe county, by the service of a summons and complaint upon…
1Opinion of the Court
Ward, J.:
It is insisted on behalf of the appellant that, the County Court erred in dismissing the complaint as against the resident defendants.
The action was for a tort, and the defendants were severally liable *618for the plaintiff’s damages, and the plaintiff could maintain an action against all or any of the defendants, and. there is no rule which makes all the tort feasors necessary parties to an action of this character. (Creed v. Hartmann, 29 N. Y. 591; Roberts v. Johnson, 58 id. 613 ; Kain v. Smith, 80 id. 458; Beal v. Finch, 11 id. 134.). Had the action been originally brought against…
2Cases cited17 opinions
- Landers v. . Staten Island R.R. Co.New York Court of Appeals · 1873
- Creed v. . HartmannNew York Court of Appeals · 1864
- Clapp v. . GravesNew York Court of Appeals · 1863
- Robinson v. FrostNew York Supreme Court · 1853
- Miller v. FentonNew York Court of Chancery · 1844
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3Cited by11 opinions
- Gilbert v. . FinchNew York Court of Appeals · 1903
- Reger v. National Ass'n of Bedding Manufacturers Group Insurance Trust FundNew York Supreme Court · 1975
- Liebman v. County of WestchesterNew York Supreme Court · 1972
- De Simone v. Transportes Maritimos Do EstadoAppellate Division of the Supreme Court of the State of New York · 1922
- Kortwellyeszsy v. Manhattan Cooperage Co.Appellate Division of the Supreme Court of the State of New York · 1914
6 more not listed; retrieve them via the Exa API.