Irwin v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, eighth district, in favor of the plaintiff, entered upon the verdict of a jury. The nature of the action and the material facts are stated in the opinion.
1Opinion of the CourtGiegerich, J.
This action was brought to recover damages claimed to have been sustained by the plaintiff in consequence of the alleged premature starting of a car operated by the defendant company and upon which he was a passenger, while he was in the act of alighting therefrom. The pleadings were oral, and the answer a general denial. When the case was called for trial, the defendant moved for a dismissal of the complaint upon the ground that the court had no jurisdiction over the subject-matter of the action, in that the legislature, in creating the Municipal Court of the city of New York, had exceeded…
2Cases cited7 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Joy v. . DiefendorfNew York Court of Appeals · 1891
- In re the Trustees of the New York & Brooklyn BridgeNew York Court of Appeals · 1878
- People v. . O'NeilNew York Court of Appeals · 1888
- Trustees & Inhabitants of Delhi v. YoumansNew York Supreme Court · 1867
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3Cited by3 opinions
- Duckworth v. CunninghamAppellate Terms of the Supreme Court of New York · 1899
- Long v. Metropolitan St. Ry. Co.Appellate Terms of the Supreme Court of New York · 1898
- Long v. Metropolitan Street Ry. Co.Appellate Terms of the Supreme Court of New York · 1898