Erie R.R. Co. v. Sells
New York Court of Appeals
Action against defendant Sells as an individual could only be maintained because of an affirmative act done by him outside the scope of his authority causing injury to the plaintiff. No such act is alleged directly or inferentially. The complaint fails to state a cause of action against him. (Gould v. Booth, 66 N. Y. 62; Greco v. Levy, 282 N. Y. 575; Murray v. Usher, 117 N. Y. 542; Christianson v. Breen, 288 N. Y. 435.)
1Opinion of the Court
LoughbaN, Ch. J.
The action is one for an injunction against alleged nuisances. The plaintiff is a domestic railroad corporation. The defendants are the County of Rockland and Charles H. Sells. At all the times in issue, Mr. Sells was and is now Superintendent of Public Works of the State of New York (Public Works Law, Cons. Laws, ch. 75). He is here sued, however, in his individual capacity and not as such superintendent.
A motion made by Mm for dismissal of the complaint on the grounds of insufficiency and lack of jurisdiction was granted by the court at Special Term. The Appellate Division…
2Cases cited10 opinions
- Mine Safety Appliances Co. v. ForrestalSupreme Court of the United States · 1946
- Niagara Falls Power Co. v. WhiteNew York Court of Appeals · 1944
- Houston v. OrmesSupreme Court of the United States · 1920
- Litchfield v. . BondNew York Court of Appeals · 1906
- Pauchogue Land Corp. v. Long Island State Park CommissionNew York Court of Appeals · 1926
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3Cited by7 opinions
- Stevenson v. News Syndicate Co.New York Court of Appeals · 1950
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- New York State Thruway Authority v. HurdAppellate Division of the Supreme Court of the State of New York · 1968
- General Mutual Insurance v. CoyleNew York Supreme Court · 1954
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