Liscomb v. New Jersey Railroad & Transportation Co.
New York Supreme Court
This was an appeal, by the defendant, from a judgment in favor of the plaintiff, upon the report of a referee. The plaintiff sued in December, 1870, to recover of the defendant, a foreign corporation, created under the laws of Hew Jersey, to recover damages alleged to have been sustained in consequence of injuries occasioned by reason of the defendant’s negligence.
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This was an appeal, by the defendant, from a judgment in favor of the plaintiff, upon the report of a referee. The plaintiff sued in December, 1870, to recover of the defendant, a foreign corporation, created under the laws of Hew Jersey, to recover damages alleged to have been sustained in consequence of injuries occasioned by reason of the defendant’s negligence. It appeared that the plaintiff, while descending from one of the defendant’s cars, upon which she was a passenger, at Jersey City, at the proper time and place, caught one of her feet in a hole in the floor of the depot, and…
1Opinion of the Court
By the Court—Gilbert, J.
The subject of the action being transitory and personal, the rule of the common law is, that the defendants may be sued wherever they can be found and served with process. (Story Confl. L., § 554.) Personal rights and obligations, founded in contract or growing out of the duty which one owes to another, follow those who are entitled to enforce them wherever they may go, and may be enforced by every court which obtains jurisdiction over the partiesl (Bennett v. Benjamin, 15 Mass., 355; Smith v. Bull, 17 Wend., 323; Latourette v. Clark, 45 Barb., 330; Mostyn v. Fabrigas,…
2Cases cited2 opinions
- Smith v. BullNew York Supreme Court · 1837
- Ferris v. . the Union Ferry CompanyNew York Court of Appeals · 1867
3Cited by6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- Donaldson v. State ex rel. TaylorIndiana Supreme Court · 1906
- Ohio & Mississippi Railway Co. v. StansberryIndiana Supreme Court · 1892
- Barnes v. New York Central & Hudson River RailroadNew York Supreme Court · 1904
- Ball v. Randall, New York County Courts1914
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