Preusse v. Childwold Park Hotel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie plaintiff, Annie D. Preusse, from a judgment of the Supreme Court in favor of the defendant, entered, in the office of the clerk of the county of Hew York on the 7th day of Hay, 1909, upon the dismissal of the complaint by direction of the court upon the opening at the Hew York Trial Term, and also from an order entered in said clerk’s office on the 6th day of Hay, 1909, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
At the trial the complaint was dismissed upon the pleadings and upon the opening of plaintiff’s counsel, upon the ground that the action was barred by the Statute of Limitations, and plaintiff appeals.
The action was brought to recover damages for personal injuries alleged to have been sustained on July 8,1903, by reason of defendant’s negligence. The plaintiff, at the time she was injured, was eighteen years, ten months and seven days old. The action was commenced February 28, 1907, three years, seven months and twenty days after the cause of action accrued.
An action to recover…
2Cases cited1 opinion
- Hyland v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Claim of McKee v. WhiteAppellate Division of the Supreme Court of the State of New York · 1926