Hoes v. New York, New Haven & Hartford Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 20, 1902, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 20, 1902, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff had no standing in the Supreme Court because collusion or legal fraud were practiced in the Surrogate’s Court in obtaining letters of administration, and thus inducing that court to take jurisdiction of the estate of the decedent. (Robinson v. O. S. N. Co.,…
1Opinion of the CourtBabtlett, J.
The public administrator of the county of New York brings this action against the defendant, The New York, New Haven and Hartford Bailroad Company, a Connecticut corporation, to recover damages for its alleged negligence in causing the death of one George Dean, who was killed in a head-on collision while acting as an engine driver on one of the trains.
The jury rendered a verdict in favor of the plaintiff for five thousand dollars, and the Appellate Division has affirmed the judgment entered thereon with a divided court.
At the close of the plaintiff’s' case a motion was made to dismiss the…
2Cases cited7 opinions
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Hood v. . HoodNew York Court of Appeals · 1881
- Matter of Accounting of HughesNew York Court of Appeals · 1884
- O'Connor v. . HugginsNew York Court of Appeals · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Meehan v. Central Railroad Company of New JerseyDistrict Court, S.D. New York · 1960
- Collard v. BeachAppellate Division of the Supreme Court of the State of New York · 1903
- Ziemer v. Crucible Steel Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Edwards v. SullivanNew York Supreme Court · 1949
- Kucharski v. Pope & Talbot, Inc.District Court, S.D. New York · 1944
14 more not listed; retrieve them via the Exa API.