Brown v. Erie-Lackawanna Railroad

The plaintiff, a resident of New York, has sued the defendant, a Maine railroad, pursuant to the provisions of CPLR 302. This is a motion for judgment to dismiss the complaint on the ground that the court has not jurisdiction of the defendant (CPLR 3211, subd. [a], par. 8).

On January 20,1967, John B. Brown was killed when an automobile which he was operating was struck at a grade crossing on Higby Road in the City of Utica, Oneida County, New York, by a runaway railway box car. The car was owned by the Maine Central Railroad Company, a corporation organized and existing under the laws of the…