Schlimmer v. New York, Ontario & Western Railroad

Van Kirk, J.:

Plaintiff’s intestate was injured August 19, 1921, in a grade crossing accident. She died the following day. Plaintiff was appointed administrator to bring this action September 26, 1921. With reasonable promptness he employed Samuel I. Siegel, an attorney practicing in New York city, to prosecute the action. Siegel brought the action in November, 1921, in New York county, but the place of trial was changed to Madison county, where the accident occurred and the plaintiff resides. The case was regularly noticed for trial. Upon the failure of the plaintiff to appear the .action was…