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Hunt v. City of New York

121 N.Y.S. 1136 Court N.Y. App. Div. Decision date 1910-02-04 English

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p. 1136
HUNT v. CITY OF NEW YORK et al.
(Supreme Court, Appellate Division, First Department.
February 4, 1910.)

Headnote

Appeal from Trial Term, New York County. Action by Isabella Hunt against the City of New York and another. From a judgment dismissing the complaint at the close of plaintiff’s case, plaintiff appeals.
Affirmed.
Myron Sulzberger, for appellant.
Loyal Leale, for respondent City of New York.
Theodore H. .Lord, for respondent Baylis.

The only cause of action which the plaintiff had against the individual defendant was one not alleged in the complaint, and there was no evidence of negligence against the city. The judgment, therefore, should be affirmed, with costs to each of the respondents.