Palmer v. Delaware, L. & W. R.
District Court, N.D. New York
At Law. Action by Edwin F. Palmer against the Delaware, Lacka-wanna & Western Railroad ’ Company. Motion by plaintiff for leave to discontinue this action after removal of this cause from the state court into the United States court; the plaintiff having thereafter instituted another suit in the Supreme Court of the state of New York for precisely the same cause against the same defendant, except that he reduces his demand for judgment and his allegation of damages from…
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At Law. Action by Edwin F. Palmer against the Delaware, Lacka-wanna & Western Railroad ’ Company. Motion by plaintiff for leave to discontinue this action after removal of this cause from the state court into the United States court; the plaintiff having thereafter instituted another suit in the Supreme Court of the state of New York for precisely the same cause against the same defendant, except that he reduces his demand for judgment and his allegation of damages from $5,000 to $2,950.
1Opinion of the Court
RAY, District Judge.
[1] On or about the 26th day of October, 1914, the above-named plaintiff, Edwin F. Palmer, commenced an action in the Supreme Court of the state of New York against the-above-named defendant to recover damages for personal injuries by reason of the alleged negligence of defendant, and he alleged and laid his damages at the sum of $5,000 and demanded judgment therefor. Thereupon the defendant, which is a foreign corporation organized under the laws of the state of Pennsylvania, the plaintiff being a citizen and resident of the state of New York, took due and lawful…
2Cases cited11 opinions
- Tennessee v. DavisSupreme Court of the United States · 1880
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Madisonville Traction Company v. Saint Bernard Mining CompanySupreme Court of the United States · 1905
- Southern Railway Co. v. MillerSupreme Court of the United States · 1910
- Winans v. . WinansNew York Court of Appeals · 1891
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3Cited by5 opinions
- Grivas v. Parmelee Transp. Co.Court of Appeals for the Seventh Circuit · 1953
- Chicago & Northwestern Railway Co. v. BaumanNebraska Supreme Court · 1937
- Henjes v. Ætna Ins.District Court, E.D. New York · 1941
- El Paso & Southwestern Co. v. RiddleDistrict Court, W.D. Texas · 1923
- Shattuck v. Pennsylvania R.District Court, W.D. New York · 1931