Benjamin Moore & Co. v. Atchison, Topeka & Santa Fe Railway Co.
New York Supreme Court
Motion to dismiss action or in the alternative for a stay of proceedings.
1Opinion of the CourtBenedict, J.
Defendant seeks by this motion to have this action brought against it as a carrier dismissed, because, as is claimed, it was brought contrary to the provisions of general order No. 18 of the United States director general of railroads, as modified by general order No. 18A, which provides that actions against carriers while under Federal control must be brought in the county or district where the plaintiff resided at the time of the accrual of the cause of action, or in the county or district where the cause of action arose.
In the present case, the action is for damages to property shipped in…
2Cited by6 opinions
- Haubert v. Baltimore & O. R.District Court, N.D. Ohio · 1919
- Illinois Cent. R. Co. v. RyanCourt of Appeals of Texas · 1919
- El Paso & Southwestern Railroad v. LovickTexas Supreme Court · 1920
- Hines v. MinorCourt of Appeals of Georgia · 1921
- Davis v. ParksTennessee Supreme Court · 1924
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