Di Stefano v. Peekskill Lighting & Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Peekskill Lighting and Eailroad Company, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 18th day of October, 1911, vacating an order requiring the plaintiff to give security for costs.
1Opinion of the Court
Hirschberg, J.:
The action is for negligence, brought by a servant in the employ of the defendant. At the time of the commencement of the action the plaintiff was a resident of the county of Westchester, where the venue is laid. The case was tried on the 9th day of March, 1904, and resulted in a nonsuit. On appeal to this court the judgment was reversed and a new trial granted. (See Di Stefeno v. Peekskill Lighting & R. R. Co., 107 App. Div. 293.) Before that decision was rendered the plaintiff left the State of New York and returned to Italy, the place of his nativity. The plaintiff’s…
2Cases cited2 opinions
- Cooke v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Di Stefeno v. Peekskill Lighting & RailroadAppellate Division of the Supreme Court of the State of New York · 1905