Geibel v. Elwell
New York Supreme Court
Action by Conrad Geibel against James W. El well. The complaint was dismissed, and plaintiff moves for a new trial on exceptions ordered to be heard at general term in the first instance. Granted. This action was brought to recover for personal injury sustained by the plaintiff and resulting from the negligence of the defendant. The injury complained of occurred on the 11th day of April, 1884, at which time the plaintiff was between 11 and 12 years of age.
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Action by Conrad Geibel against James W. El well. The complaint was dismissed, and plaintiff moves for a new trial on exceptions ordered to be heard at general term in the first instance. Granted. This action was brought to recover for personal injury sustained by the plaintiff and resulting from the negligence of the defendant. The injury complained of occurred on the 11th day of April, 1884, at which time the plaintiff was between 11 and 12 years of age. It appears from the record that in March, 1886, his grandfather, Philip Bender, was appointed guardian for him, for the purpose of…
1Opinion of the CourtParker, J.
The dismissal of the complaint at circuit went upon the ground that the commencement of the first action in May, 1886, operated to remove the disability of the infant provided for by section 396 of the Code, the effect being that the three-years statute of limitations began to run. If such was its effect, it necessarily follows that the plaintiff’s cause of action was barred before this action was brought in December, 1892. The statute which controls this question is as follows (Code):
Section 380: “The following actions must be commenced within the following periods after the cause of action…
2Cited by5 opinions
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