Colell v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward H. Colell, as administrator, etc., of Cecile Colell, deceased, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 17th day of December, 1902, granting the defendant’s motion for leave to serve an amended answer herein.
1Opinion of the Court
Woodward, J.;
The plaintiff brought this action to recover damages for the alleged negligent killing of his wife by the defendant. The accident occurred in the State of New Jersey on July 30, 1898, resulting in the death of plaintiff’s intestate on August second following. The action is based on the provisions of a New Jersey statute (Laws of N. J. 1848, p. 151, as amd. by Laws of 1897, chap. 58) similar in its scope and effect to the provisions of section 1902 of our Code of Civil Procedure. It is provided in this statute that the action must be commenced within one year from the death of the…
2Cases cited5 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Hill v. Board of SupervisorsNew York Court of Appeals · 1890
- Kiefer v. Grand Trunk Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Dailey v. New York, Ontario & Western Railway Co.New York Supreme Court · 1899
- Grother v. Trustees of New York & Brooklyn BridgeAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by13 opinions
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- Brookshire v. BurkhartSupreme Court of Oklahoma · 1929
- Johnson v. . Phoenix Bridge Co.New York Court of Appeals · 1910
- McNamara v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1957
- Watertown National Bank of Watertown v. BagleyAppellate Division of the Supreme Court of the State of New York · 1909
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