Lehigh Valley R. v. Comar
Court of Appeals for the Second Circuit
In Error to the Circuit Court' of tire United States for the Southern District of New York. Writ of error to review judgment entered on a verdict of a jury in favor of plaintiff in an action for personal injuries sustained on April 7, 1902.. The action was begun August 28, 1903, in the New York Supreme Court, and was removed by the defendant, which is a .New Jersey corporation, to the United States Circuit Court for the Southern District of New York.
1Opinion of the Court
TOWNSEND, Circuit Judge.
The issues presented to this court by the assignments of error raise the following questions: First, Whether section 390a of the New York Code of Civil Procedure applies to this cause of action. Second, If it does so apply, whether the statute of limitations, contained in the charter of the Easton & Amboy Railroad Company, was repealed by chapter 201 of the laws of New Jersey of 1881 (P. L. 1881, p. 257).
As to the first question: Counsel for plaintiff concedes that the proper statute to be applied is that of the forum, namely, that of the state of New York.
Section 390a…
2Cases cited6 opinions
- Humphrey v. PeguesSupreme Court of the United States · 1873
- Tennessee v. WhitworthSupreme Court of the United States · 1886
- Holmes v. HengenNew York Supreme Court · 1903
- Chesapeake Coal Co. v. MengisAppellate Division of the Supreme Court of the State of New York · 1905
- Chesapeake Coal Co. v. MengisAppellate Division of the Supreme Court of the State of New York · 1905
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3Cited by2 opinions
- United States v. ObermeierCourt of Appeals for the Second Circuit · 1951
- Cincinnati, Hamilton & Dayton Railway Co. v. McCullomIndiana Supreme Court · 1915