Wileman v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Hattie Wileman, an infant, by Alice Tracy, her guardian ad- litem, against the Metropolitan Street Railway Company. From an order denying a motion to set aside an execution, defendant appeals. Reversed.
1Opinion of the CourtMcLAUGHLIN, J.
There is no dispute as to the facts involved in this appeal. They are, so far as the same are material, as follows: The plaintiff, through her guardian ad litem, brought this action to recover damages for personal injuries alleged to have been sustained through the negligence of the defendant. She recovered a judgment for a substantial amount, which was affirmed on appeal to this court. 79 N. Y. Supp. 1150. Thereafter the guardian ad litem, through her attorney, asked the defendant to pay the amount of the judgment, which it was ready and offered to do, provided the guardian ad litem would…
2Cases cited2 opinions
- Wuesthoff v. . Germania Life Ins. Co.New York Court of Appeals · 1888
- Calmbacher v. NeumanThe Superior Court of the City of New York and Buffalo · 1892