Meyers v. . American Locomotive Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 19,1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The Chautauqua County Court was without jurisdiction of the cause of action in this case, and the judgment appealed from must be reversed and the complaint dismissed. (Code Civ.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 19,1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The Chautauqua County Court was without jurisdiction of the cause of action in this case, and the judgment appealed from must be reversed and the complaint dismissed. (Code Civ. Pro. §§ 340, 341; Heenan v. R. R. Co., 34 Hun, 602; Gilbert v. York, 111 N. Y. 544; Matter of Baker, 173 N. Y. 252; Judge v.…
1Opinion of the CourtWillard Bartlett, J.
This is an action for negligence brought in the County Court of Chautauqua county against a domestic corporation. The complaint alleged that the defendant “has, operates and maintains one of its plants, shops or factories at Dunkirk, Cliantauqua County, H. Y.” This is the only allegation which the complaint contains in reference to the residence of the defendant corporation. The answer denied specifically the acts alleged in the complaint as constituting the defendant’s negligence and also pleaded an assumption of the risks of the employment by the plaintiff. It contained no reference of any…
2Cases cited3 opinions
- McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
- Clapp v. . GravesNew York Court of Appeals · 1863
- Bunker v. LangsNew York Supreme Court · 1894
3Cited by27 opinions
- Wachtel v. Diamond State Engineering Corp.Appellate Division of the Supreme Court of the State of New York · 1925
- Yager v. YagerAppellate Division of the Supreme Court of the State of New York · 1925
- Cooper v. DavisAppellate Division of the Supreme Court of the State of New York · 1931
- Spinnell v. SassowerCivil Court of the City of New York · 1992
- Lewis v. Esch, New York County Courts1935
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