Brayton v. New York, Lake Erie & Western Railroad
New York Supreme Court
Appeal from special term, Erie county. Action by Anna Brayton, administratrix, against the New York, Lake Erie & Western Railroad Company. From an order denying defendant’s motion to set aside the service of the summons, defendant appeals.
1Opinion of the CourtDwight, P. J.
The service of a summons in an action brought in Erie county for the death of the plaintiff’s intestate was made upon the division superintendent of the defendant at Buffalo, his division having as termini the cities of Buffalo, Jamestown, and Hornellsville. The objection made to the service is that the person served was not “a managing agent” of the defendant, within the meaning of the statute, (Code Civil Proc. § 431, subd. 3.) We think the objection is not well taken. It will be observed that the requirement is not that the service shall be made upon the managing agent, but only upon a…
2Cases cited1 opinion
- Ruland v. Canfield Publishing Co.City of New York Municipal Court · 1889
3Cited by14 opinions
- Eclipse Fuel Engineering Co. v. Superior CourtCalifornia Court of Appeal · 1957
- Roehl v. the Texas Co.California Court of Appeal · 1930
- Ives v. Metropolitan Life InsuranceNew York Supreme Court · 1894
- Mundy v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1894
- Jackson v. Schuylkill Silk MillsAppellate Terms of the Supreme Court of New York · 1915
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