Wooden v. Western New York & Pennsylvania Railroad
New York Court of Appeals
Appeal from an interlocutory judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made January 15, 1891, which overruled a demurrer to the complaint herein.
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Appeal from an interlocutory judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made January 15, 1891, which overruled a demurrer to the complaint herein. This was an action to recover damages for the alleged negligent killing of plaintiff’s liushand by defendant. • The complaint alleged, in substance, that plaintiff is a resident of Rew York state; that she was appointed by the surrogate of Erie county, R. Y., administratrix of her husband’s estate; that defendant is a domestic corporation operating a railroad, a portion of which extended into…
1Opinion of the CourtFinch, J.
This appeal is from an interlocutory judgment overruling a demurrer and determining that the complaint assailed stated a good cause of action. That pleading alleged that the plaintiff was and is a resident of this state, and the defendant, a corporation created and existing under our laws. The contest thus is between a resident individual and a domestic corporation. The latter owned and operated a line of railroad extending beyond our boundaries into the adjoining state •of Pennsylvania, and the complaint alleged that in that state the plaintiff’s husband was killed by the negligence of the…
2Cases cited4 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- McDonald v. . MalloryNew York Court of Appeals · 1879
3Cited by19 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Cross v. United States Trust Co.New York Court of Appeals · 1892
- Theodosis v. Keeshin Motor Express Co.Appellate Court of Illinois · 1950
- Hall v. Southern R. R. Co.Supreme Court of North Carolina · 1908
- Christensen v. Floriston Pulp & Paper Co.Nevada Supreme Court · 1907
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