Hoffman v. Delaware & Hudson Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Delaware and Hudson Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Saratoga on the 20th day of January, 1914, overruling its demurrer to the complaint.
1Opinion of the Court
Kellogg, J.:
By section 1902 of the Code of Civil Procedure an action to recover damages for causing a death by negligence “ must be commenced within two years after the decedent’s death.” The complaint shows that more than two years elapsed between the death and the commencement of this action; it also shows that within the two years an action was brought, but the complaint was dismissed on the trial at the close of the plaintiffs’ evidence, and the judgment entered upon the dismissal was affirmed by the Court of Appeals without awarding a new trial (See 205 N. Y. 532), and that this action…
2Cases cited5 opinions
- Hill v. Board of SupervisorsNew York Court of Appeals · 1890
- Titus v. . PooleNew York Court of Appeals · 1895
- Conolly v. . HyamsNew York Court of Appeals · 1903
- Bellinger v. German Insurance Co.New York Supreme Court · 1906
- Bellinger v. . German Insurance Company of FreeportNew York Court of Appeals · 1907
3Cited by11 opinions
- McDonough v. CestareAppellate Division of the Supreme Court of the State of New York · 1957
- Rock Island Coal Mining Co. v. AllenSupreme Court of Oklahoma · 1924
- Mogavero v. Stony Creek Development Corp.Appellate Division of the Supreme Court of the State of New York · 1976
- Leun v. BrimmerAppellate Division of the Supreme Court of the State of New York · 1922
- Streeter v. Graham & Norton Co.Appellate Division of the Supreme Court of the State of New York · 1932
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