Walsh v. Trustees of New York & Brooklyn Bridge
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 12, 1883, which affirmed a judgment in favor of the defendants, entered upon an order sustaining a demurrer to the complaint herein. The nature of the action is stated in the opinion. Incorporation can be implied from the powers conferred upon a body of men, and no precise form of words is necessary for that purpose.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 12, 1883, which affirmed a judgment in favor of the defendants, entered upon an order sustaining a demurrer to the complaint herein. The nature of the action is stated in the opinion. Incorporation can be implied from the powers conferred upon a body of men, and no precise form of words is necessary for that purpose. (Angelí & Ames on Corp., § 145; People v. Kelly, 76 1ST. Y. 475 ; Conservators of Tone. R. v. Ash, 10 B. & C. 349; Ex parte Newport Trustees, 16…
1Opinion of the CourtEarl, J.
While the Hew York and Brooklyn bridge was being constructed, a laborer employed thereon carelessly let a plank fall from the suspended structure which struck and injured the plaintiff who was at the time passing upon a street within the city of Hew York, and he brought this action to recover for his injuries. The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action, and it had judgment upon the demurrer which was affirmed at the General Term.
The theory of the complaint is that the defendant is a corporation and that the…
2Cases cited5 opinions
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- The People Ex Rel. Murphy v. . KellyNew York Court of Appeals · 1879
- In Re Rochester Water Commissioners to Acquire Lands of Rochester Water Co.New York Court of Appeals · 1876
- Miller v. New YorkU.S. Circuit Court for the District of Southern New York · 1876
3Cited by34 opinions
- Antin v. Union High School District No. 2Oregon Supreme Court · 1929
- Anaheim Sugar Co. v. County of OrangeCalifornia Supreme Court · 1919
- Colby v. City of PortlandOregon Supreme Court · 1917
- Ira S. Bushey & Sons, Inc. v. W. E. Hedger Transp. Corp.Court of Appeals for the Second Circuit · 1948
- Lenzen v. City of New BraunfelsCourt of Appeals of Texas · 1896
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