Romanoski v. Union Railway Co.
City of New York Municipal Court
Appeal from an order of the Special Term of the City Court of the city of New York, made after a trial of the plaintiff’s case, granting a motion to bring in the Westchester Electric Railroad Company as a party defendant; that a supplementary summons and complaint be served on it and that the issues remain the same.
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Appeal from an order of the Special Term of the City Court of the city of New York, made after a trial of the plaintiff’s case, granting a motion to bring in the Westchester Electric Railroad Company as a party defendant; that a supplementary summons and complaint be served on it and that the issues remain the same. The defendant’s attorneys had claimed upon the trial that the cause of action had not arisen from any act upon the part of the Union Railway Company, hut through acts of the employes of the Westchester Electric Railroad Company.
1Per curiam
We think the order appealed from was a proper one and should be affirmed, with the modification hereafter mentioned, until the trial of this action.
Plaintiff was justified in believing that only the defendant wronged and injured her. Then, for the first time, it appeared that defendant and the Westchester Electric Railroad Company were interested in the operation of the railroad upon which plaintiff was injured, that the interest of the defendant and the Westchester Electric Railroad Company was so interwoven as to become apparently identical and probably inseparable, at least so far as the…
2Cited by3 opinions
- Schun v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Goldstein v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1903
- Schun v. Brooklyn Heights R.Appellate Division of the Supreme Court of the State of New York · 1903