Legal Opinion

Bump v. New York, New Haven & Hartford Railroad

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

Decided July 1, 1899PublishedCited by 11 opinions

Appeal by the defendant, The New York, New Haven and Hartford Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on.the 3d day of June, 1898, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 2d day of July, 1898, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Willard Bartlett, J. :

This is an action to recover damages for the negligent killing of the plaintiff’s husband, in Connecticut. The defendant is organized under the laws of that State and asserts that it is a foreign corporation which can be sued here only in the cases provided for in section 1780 of the Code of Civil Procedure. Whether it is a foreign corporation within the meaning of that section has been doubted. (Phelps v. N. Y., N. H. & H. R. R. Co., 17 App. Div. 392.) But, assuming that it is, the plaintiff could not maintain the suit in this jurisdiction without being a resident of…

2Cases cited1 opinion

  1. Phelps v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by11 opinions

  1. Gregonis v. Philadelphia & Reading Coal & Iron Co.New York Court of Appeals · 1923
  2. Sudbury v. Ambi Verwaltung Kommanditgesselschaft auf AktienAppellate Division of the Supreme Court of the State of New York · 1925
  3. Thompson v. MundheimNew York Supreme Court · 1943
  4. Schwartz v. Zim Israel Navigation Co.New York Supreme Court · 1958
  5. Tullock v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1911

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