Legal Opinion

Romaine v. New York, New Haven & Hartford Railroad

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 1903Published

Appeal from Trial Term, Orange County. Action by Lillian Romaine, as administratrix of Wayland Romaine, deceased, against the New York, New Haven & Hartford Railroad Company. From a judgment dismissing the complaint, plaintiff appeals. Affirmed.

1Opinion of the CourtWillard Bartlett, J.

This action was brought by an administratrix to recover damages against the defendant corporation for having negligently caused the death of her intestate, who was killed by an accident on the New York, New Haven & Hartford Railroad, in the state of Connecticut, while in the service of the defendant as a conductor. The sole defense was the pendency of a former action for the same cause, in the Supreme Court of this state, the venue-being laid in Dutchess county. The pleadings in this prior suit were put in evidence, and a comparison of the complaint in that *492action and the complaint in this…

2Cases cited3 opinions

  1. Wooden v. West. N. Y. & Penn. RailroadNew York Court of Appeals · 1891
  2. Wooden v. Western New York & Pennsylvania RailroadNew York Court of Appeals · 1891
  3. Brown v. LittlefieldNew York Supreme Court · 1831

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