Legal Opinion

Faltiska v. New York, L. E. & W. Railroad

The Superior Court of the City of New York and Buffalo

Decided May 15, 1895PublishedCited by 2 opinions

Appeal from special term. Action by Peter Faltiska against the New York, Lake Erie & Western Railroad Company. From an order denying a motion to set aside the service of summons, defendant appeals.

1Opinion of the CourtHatch, J.

The summons was served upon Charles A. Brunn on December 26,1893, it being claimed that he was a managing agent of the defendant. The affidavits show that said Brunn was, prior to July 25,1893, in the employ of the defendant as a division superintendent of that portion of its road running between Buffalo and Hornellsville and between Buffalo and Jamestown; that on July 25, 1893, receivers were appointed of all defendant’s property, and immediately took possession thereof, and managed and operated the railroad. Brunn was retained in the position he had occupied prior thereto, and has so…

2Cases cited6 opinions

  1. Kincaid v. . DwinelleNew York Court of Appeals · 1875
  2. Barrett v. American Telephone & Telegraph Co.New York Court of Appeals · 1893
  3. Brayton v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1893
  4. Barrett v. American Telephone & Telegraph Co.New York Supreme Court · 1890
  5. People v. Troy Steel & Iron Co.New York Supreme Court · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Ennest v. Pere Marquette RailroadMichigan Supreme Court · 1913
  2. Ihlan v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1917

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