Payne v. New York, Susquehanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, • Emma A. Payne, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 10th day of November, 1911, upon the dismissal of the complaint by direction of the court after a trial at the Orange Trial Term, the verdict of a jury in favor of the plaintiff for $12,000 having been set aside, and also from an order entered in said clerk’s office on the same day…
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Appeal by the plaintiff, • Emma A. Payne, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 10th day of November, 1911, upon the dismissal of the complaint by direction of the court after a trial at the Orange Trial Term, the verdict of a jury in favor of the plaintiff for $12,000 having been set aside, and also from an order entered in said clerk’s office on the same day setting aside the said verdict and dismissing the plaintiff’s complaint.
1Opinion of the Court
Carr, J.:
This is an appeal from an order made at Trial Term in Orange county setting aside a verdict rendered in favor of the plaintiff, and a judgment dismissing the complaint on the ground that the court was without jurisdiction to entertain the action. The action was brought to recover damages for a personal injury. The complaint set forth a cause of action arising within the State of New Jersey and under a statute thereof which was pleaded, and alleged also that the defendant was a corporation organized and existing under the laws of the State of New York. There was no allegation in the…
2Cases cited7 opinions
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Ward v. . PetrieNew York Court of Appeals · 1898
- McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
- Collard v. BeachAppellate Division of the Supreme Court of the State of New York · 1903
- Pietraroia v. New Jersey & Hudson River Railway & Ferry Co.New York Court of Appeals · 1910
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3Cited by4 opinions
- McConnell v. Williams Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1933
- People ex rel. Hotel Astor v. SextonNew York Supreme Court · 1935
- Bennett v. Austro-Americana Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Ullmann Realty Co. v. TamurNew York Supreme Court · 1920