Pease v. Delaware, Lackawanna & Western Railroad
New York Court of Common Pleas
Exception taken at a trial term of this court ordered to be heard in the first instance at general term. The action was brought against defendant, a foreign corporation, for an injury to the person of plaintiff, committed n New Jersey. The answer was a defense to the merits.
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Exception taken at a trial term of this court ordered to be heard in the first instance at general term. The action was brought against defendant, a foreign corporation, for an injury to the person of plaintiff, committed n New Jersey. The answer was a defense to the merits. On the trial it appeared that plaintiff, at the time of commencing the action, had his legal residence in the state of New Jersey, and that he had a place of business in the city of New York and spent most of his time in that city. The court dismissed the complaint under authority of Harriott v. The New Jersey B. B. So.…
1Opinion of the CourtJ. F. Daly, J.
[After stating the facts as above.]—When the case of Harriott v. The New Jersey R. R. &c. Co. (2 Hilt. 262) was decided, it was assumed that this court had no jurisdiction of the subject-matter of an action like the one before us, because section 33 of the Code of Procedure, which defined the jurisdiction of this court, limited its jurisdiction in actions *460against foreign corporations to such causes of action when they arose within this state. This construction of that decision was adopted by the Court of Appeals in the case of McCormick v. Pennsylvania Central R. R. Co. (49 N. Y. 308),…
2Cases cited2 opinions
- Gibbs v. . Queen Insurance Co.New York Court of Appeals · 1875
- Harriott v. New Jersey RailroadNew York Court of Common Pleas · 1858
3Cited by7 opinions
- Barker v. Cunard S. S. Co.New York Supreme Court · 1895
- O'Reilly v. New Brunswick, Amboy & New York Steamboat Co.Appellate Terms of the Supreme Court of New York · 1899
- McLean v. St. Paul & Chicago Railway Co.New York Court of Common Pleas · 1886
- Barker v. Cunard Steamship Co.New York Supreme Court · 1895
- Dieckerhoff v. AlderNew York Court of Common Pleas · 1895
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