Flynn v. Central Railroad of New Jersey
The Superior Court of the City of New York and Buffalo
Action by Thomas Flynn against the Central Eailroad of Hew Jersey. Defendant demurs to the complaint on the ground that it does not state a cause of action, and also on the ground that the court did not have jurisdiction. Code Civil Proc.
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Action by Thomas Flynn against the Central Eailroad of Hew Jersey. Defendant demurs to the complaint on the ground that it does not state a cause of action, and also on the ground that the court did not have jurisdiction. Code Civil Proc. H. Y. § 263, provides that “the civil jurisdiction of each of the superior city courts extends to the following actions and special proceedings, in addition to the jurisdiction, power, and authority conferred upon it, in a particular case, by special statutory provision: * * * 7. To an action brought by a resident of that city against a foreign corporation…
1Opinion of the CourtMcAdam, J.
The complaint alleges that the plaintiff, who is a resident of the state of New York, while lawfully engaged in loading grain upon the cars of the defendant, in the state of New Jersey, attempted to pass through an opening purposely made to assist in the loading, and the defendant negligently, and without warning, violently moved the cars backward, and suddenly closed the said space, whereby the plaintiff was jammed, his ribs fractured, and his arm broken, all without any fault on his part. As cars generally go forward, not backward, a person passing the rear end of a stationary train may, in…
2Cases cited7 opinions
- Swift v. . Staten Island Rapid Transit Railroad CompanyNew York Court of Appeals · 1890
- Popfinger v. . YutteNew York Court of Appeals · 1886
- Barry v. New York Central & Hudson River RailroadNew York Court of Appeals · 1883
- Barney v. BurstenbinderNew York Supreme Court · 1872
- Barney v. BurnstenbinderNew York Supreme Court · 1872
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3Cited by1 opinion
- Schneider v. Second-Avenue RailroadThe Superior Court of the City of New York and Buffalo · 1891