Torts · MBE-tested
Isabella Hunt, Appellant, v. The City of New York and Isaac W. Baylis, Respondents
136 A.D. 935·New York Supreme Court, Appellate Division·1910·NY
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Opinion
First Department,
February, 1910.
Isabella Hunt, Appellant, v. The City of New York and Isaac W. Baylis, Respondents.
Appeal from a judgment entered on the 2d day of June, 1909, dismissing the complaint at the close of the plaintiff’s Case upon a trial at the Hew York Trial Term. "
[MAJORITY — Per Curiam:]
Per Curiam:
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. Present — Ingraham, P. J., McLaughlin, Laughlin, Miller and Dowling, JJ.' Judgment affirmed, with costs.