Pennsylvania Steel Co. v. Elmore & Hamilton Contracting Co.
District Court, N.D. New York
Action by the Pennsylvania Steel Company against the Elmore & Hamilton Contracting Company. On demurrer to plaintiff’s complaint to recover damages for injurjr to property.
1Opinion of the Court
RAY, District Judge.
The ground of demurrer is that the declaration of the plaintiff does not state a cause of action upon which the plaintiff can recover.
The complaint concludes, “By reason of the premises the plaintiff has sustained damages in the sum of $20,000,” and then demands judgment for that sum and for costs and disbursements.
Without going into detail, a summary of the complaint is as follows :(1) The plaintiff is a Pennsylvania corporation, and the defendant is a New'York corporation.(2) Prior to December 16, 1908, the defendant, the Elmore & Hamilton Company, entered into a…
2Cases cited14 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Devlin v. . SmithNew York Court of Appeals · 1882
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Kuelling v. Roderick Lean Manufacturing Co.New York Court of Appeals · 1905
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3Cited by15 opinions
- Foley v. the Pittsburgh-Des Moines Co.Supreme Court of Pennsylvania · 1949
- Bisson v. John B. Kelly, Inc.Supreme Court of Pennsylvania · 1933
- Holland Furnace Co. v. NauracajIndiana Court of Appeals · 1938
- O'Brien v. American Bridge Co.Supreme Court of Minnesota · 1910
- United States of America, and Union Pacific Railroad Company v. Isaac MarshallCourt of Appeals for the Ninth Circuit · 1956
10 more not listed; retrieve them via the Exa API.