Cooley v. Pennsylvania Railroad Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, tenth district, borough of Manhattan, rendered in favor of the plaintiff upon a trial had before the court without a jury.
1Opinion of the CourtGiegerich, J.
This action was brought to recover damages claimed by the "reason of delay in transporting the plaintiff as a passenger on defendant’s railroad.
On the argument of the appeal respondent’s counsel stated that the costs and fees had not been deposited with the clerk upon the filing of a notice of appeal, as required by section 3047 of the Code of Civil Procedure, and, therefore, that,the appeal should be dismissed.
We think this objection was not well taken. The summons had been issued prior to September 1, 1902, issue was not joined until the 2d day of September, 1902, and the case was not tried…
2Cases cited5 opinions
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
- North American Transportation & Trading Co. v. MorrisonSupreme Court of the United States · 1900
- Walker v. Erie Railway Co.New York Supreme Court · 1872
- DeLeon v. McKernanAppellate Terms of the Supreme Court of New York · 1898
- Cothren v. ChaffeeNew York Supreme Court · 1902
3Cited by1 opinion
- Cohen v. Varig Airlines, S.A. Empresa De Viacao Aerea Rio GrandenseCivil Court of the City of New York · 1975