McAndrew v. Lake Shore & Michigan Southern Railway Co.
New York Supreme Court
Appeal from special term, Erie county. Action by Alexander McAndrew against the Lake Shore & Michigan Southern Railway Company. From an order dated June 13, 1892, denying a motion for leave to serve a supplemental answer to the complaint, defendant appeals.
1Opinion of the CourtMacombeb, J.
It appears that this plaintiff brought two actions against the defendant to recover damages for alleged negligence growing out of the same accident; one of them being for personal injuries sustained by the plaintiff, and the other for the injuries and damage done to his horses, wagon, and harness. The action for personal injuries was tried in September, 1891, at the Chautauqua circuit, and resulted in a verdict for the plaintiff, and the judgment entered thereon has since been paid and satisfied by the defendant. Thereafter the defendant made a motion at the special term for an order in the…
2Cases cited2 opinions
- Nathans v. . HopeNew York Court of Appeals · 1879
- Lorillard v. . ClydeNew York Court of Appeals · 1886