Quereau v. Lehigh Valley R.
District Court, N.D. New York
At Law. Action by Dora E. Quereau, as executrix, etc., of Wilson R. Quereau, deceased, against the Lehigh Valley Railroad Company. ■ On defendant’s motion for nonsuit, and dismissal.
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At Law. Action by Dora E. Quereau, as executrix, etc., of Wilson R. Quereau, deceased, against the Lehigh Valley Railroad Company. ■ On defendant’s motion for nonsuit, and dismissal. This is a motion, at close of the plaintiff’s case, and after the introduction by defendant of a certain order and judgment dismissing a former'action in the Supreme Court of the state of New York between the same parties for the same cause, for a nonsuit and dismissal of this action, and a direction of a verdict for the defendant, on the grounds: (1) That the plaintiff has not proved a cause of action; (2) that…
1Opinion of the CourtRay, District Judge
(after stating the facts as above). This is an action in the United States District Court, brought by the plaintiff, as executrix of the last will aud testament of her deceased husband, to recover damages Cor his death, caused by the alleged negligence of the defendant. The action is brought under the provisions of -sections 1902, 1903, and 1904 of the Code of Civil Procedure of the state of Yew York, giving a right of action in such cases.
After the death of plaintiff’s testator and the appointment of this plaintiff as executrix, etc., she brought an action under said sections of the Code of…
2Cases cited13 opinions
- In Re BonnerSupreme Court of the United States · 1894
- Matter of HoffmanNew York Court of Appeals · 1911
- Bail v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1911
- Ordway v. Boston & Maine RailroadSupreme Court of New Hampshire · 1898
- Niagara Fire Insurance v. Campbell StoresAppellate Division of the Supreme Court of the State of New York · 1905
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3Cited by3 opinions
- Plutus Min. Co. v. Orme, County Com'rs.Utah Supreme Court · 1930
- Geo. S. Bush & Co. v. United StatesUnited States Customs Court · 1941
- Quereau v. Lehigh Valley R.District Court, N.D. New York · 1921