Mearns v. Central R. R.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. In the spring of 1895 the plaintiff commenced a suit in the Supreme Court of New York upon the same cause of action stated in the complaint herein, the venue being laid in New York county. At the trial, which occurred in May, 1897, the plaintiff was nonsuited.
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In Error to the Circuit Court of the United States for the Southern District of New York. In the spring of 1895 the plaintiff commenced a suit in the Supreme Court of New York upon the same cause of action stated in the complaint herein, the venue being laid in New York county. At the trial, which occurred in May, 1897, the plaintiff was nonsuited. The plaintiff appealed to the Appellate Division for the First Department where the judgment was reversed and a new trial granted. The opinion is reported in 23 App. Div. 298, 48 N. Y. Supp. 366. The defendant thereupon appealed to the Court of…
1Opinion of the CourtCoxe, Circuit Judge
(after stating the facts). The plaintiff selected his forum and was defeated there by the unanimous decision-of the court of last resort. We should, therefore, be clearly convinced that the Court of Appeals has taken an erroneous view of the law befpre holding the action of the trial judge in following their decision, to be error. We do not deem it important to enter upon a minute analysis of the opinion of the state court for the reason that, even if the facts were stated there precisely as the plaintiff's counsel contends they should have been, the same result would inevitably have…
2Cases cited1 opinion
- England v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
3Cited by5 opinions
- Dokus v. PalmerSupreme Court of Connecticut · 1943
- Zelman v. Pennsylvania RailroadSupreme Court of New Jersey · 1919
- Hooker v. BlairMichigan Supreme Court · 1915
- Illinois Central Railroad v. MasseyMississippi Supreme Court · 1910
- Wood v. Illinois Central RailroadAppellate Court of Illinois · 1916