Burgdorf v. Brooklyn, Queens County & Suburban Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Brooklyn, Queens County and Suburban Railroad Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 1st day of December, 1908.
1Opinion of the Court
Jenks, J.:
The defendant appeals from an order of the Special Term denying its motion for an order disallowing the taxation of costs by the plaintiff upon his verdict for $100, rendered in his action wherein his claim was for $5,000 damages for personal injuries, caused by the defendant’s negligence. The motion was made under subdivision 5 of section 3228 of the Code of Civil Procedure.
The plaintiff laid the venue in the Supreme Court in the county of Queens and there the action was tried. But the defendant shows that it was served personally with process in the county of Kings, and its…
2Cases cited4 opinions
- Askins v. HearnsNew York Supreme Court · 1856
- Chubbuck v. MorrisonNew York Supreme Court · 1852
- Waldstreicher v. SolomonAppellate Division of the Supreme Court of the State of New York · 1908
- Bangs v. SeldenNew York Supreme Court · 1856
3Cited by2 opinions
- Bennett v. Crawford Bros.New York Supreme Court · 1945
- Adler v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1909