Quarantiello v. Grand Trunk Railway Co. of Canada
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Grand Trunk Railway Company of Canada and another, from an order of the Supreme Court, made at the Niagara Special Term and entered in the office of the clerk of the county of Niagara on the 5th day of December, 1910, as resettled by an order entered on the 7th day of January, 1911, granting plaintiff leave to serve an amended complaint, and directing that the plaintiff’s proposed amended complaint, served with the motion papers, stand as and…
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Appeal by the defendants, the Grand Trunk Railway Company of Canada and another, from an order of the Supreme Court, made at the Niagara Special Term and entered in the office of the clerk of the county of Niagara on the 5th day of December, 1910, as resettled by an order entered on the 7th day of January, 1911, granting plaintiff leave to serve an amended complaint, and directing that the plaintiff’s proposed amended complaint, served with the motion papers, stand as and for such amended complaint, on payment of ten dollars costs to the defendants.
1Opinion of the Court
Robson, J.:
Plaintiff began this action in February, 1907. In the original complaint he alleged injuries due to defendants’ negligence, occurring February 22, 1904, while he was proceeding easterly along the southerly side of Niagara avenue in the city of Niagara Falls. He has served an amended complaint, again stating the time when, and place where, he was injured as alleged in his original complaint. Defendants answered separately, denying the allegations of the complaint, except the formal statements as to their incorporation and business. The case was moved for trial at the Niagara Trial…
2Cases cited6 opinions
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- Mutual Loan Ass'n v. LesserAppellate Division of the Supreme Court of the State of New York · 1903
- Washington Life Insurance v. ScottAppellate Division of the Supreme Court of the State of New York · 1907
- Jenkins v. WarrenAppellate Division of the Supreme Court of the State of New York · 1898
- Aborn v. WaiteNew York Supreme Court · 1900
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3Cited by7 opinions
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- Feldman v. City of New YorkCity of New York Municipal Court · 1948
- Rodman Improvement Co. v. KraboAppellate Division of the Supreme Court of the State of New York · 1918
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