Poland v. United Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the United Traction Company, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of j Rensselaer on the 23d day of June, 1903, denying the defendant’s motion to change the place of trial of the action from the county of Rensselaer to the county of Albany. Plaintiff resides in Albany county, and was injured' by defendant in that county.
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Appeal by the defendant, the United Traction Company, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of j Rensselaer on the 23d day of June, 1903, denying the defendant’s motion to change the place of trial of the action from the county of Rensselaer to the county of Albany. Plaintiff resides in Albany county, and was injured' by defendant in that county. She brought this action to recover damages for. such injury, and places the venue in Rensselaer county. Defendant has its principal “ office and place, of business ”…
1Opinion of the Court
Parker, P. J.:
It is substantially conceded upon the record in tins matter that the defendant, although it has its principal office in Albany, operates its road and carries on a layge part of its business in Rensselaer county. Under such circumstances I am of the opinion that it may be deemed a resident of the latter county, and, therefore, under the provisions of section 984 of the Code, the venue was well laid in such county.
When the defending company is other than a railroad company, and has named its principal place of business in its articles of association, it is well settled that the…
2Cases cited5 opinions
- Buffalo & State Line Railroad v. Board of SupervisorsCommission of Appeals · 1871
- People ex rel. Buffalo & State Line Railroad v. FredericksNew York Supreme Court · 1866
- Rossie Iron-Works v. WestbrookNew York Supreme Court · 1891
- Speare v. Troy Laundry Machinery Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Pond v. Hudson River RailroadNew York Supreme Court · 1858
3Cited by20 opinions
- Dairymen's League Co-Operative Ass'n v. BrundoNew York Supreme Court · 1927
- Jonas Equities, Inc. v. 614 E. 14th Street Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1953
- Polley v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- General Baking Co. v. DaniellAppellate Division of the Supreme Court of the State of New York · 1918
- Kibler v. Transcontinental & Western Air, Inc.District Court, E.D. New York · 1945
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