Carpenter v. Central Park, North & East River Railroad
New York Court of Common Pleas
Appeal from a judgment. This action was brought in the marine court, by James S. Carpenter and Jacob Mertz, to recover for injuries to a horse arising from the alleged defective laying of a rail on defendants’ road. The facts appear in the opinion.
1Opinion of the Court
By the Court.—C. P. Daly, Ch. J.*
We are not called upon to decide whether an action against a corporation can be brought in the marine court, or not. The court had jurisdiction of the subject matter of the action, being brought to recover “damages for an injury to rights pertaining to the person” (Laws of 1862, ch. 460); and we held in Paulding v. Hudson Manufacturing Co. (2 E. D. Smith, 38), which was an action in a justice’s court, against a foreign corporation, that as the court had jurisdiction of the subject matter, the defendants, by appearing and answering to the merits, waived an…
2Cases cited6 opinions
- Colegrove v. New York & New Haven RailroadNew York Court of Appeals · 1859
- Brehm v. Great Western Railway Co.New York Supreme Court · 1861
- Colegrove v. New York & Harlem RailroadThe Superior Court of New York City · 1857
- Peck v. NeilU.S. Circuit Court for the District of Ohio · 1842
- Mott v. Hudson River RailroadThe Superior Court of New York City · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Colorado Midland R'y Co. v. O'BrienSupreme Court of Colorado · 1891