Romaine v. New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lillian Romaine, as administratrix, etc., of Way land D. Romaine, deceased, from a judgment of the Supreme Court -in favor of the defendant, entered in the office of the clerk of the county of Orange on the 5th day of January, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Orange Trial Term.
1Opinion of the Court
Willard Bartlett, J.:
This action was brought by an administratrix to recover damages against the defendant corporation for having negligently caused the death of her intestate, who was killed by an accident on the New York, New Haven and Hartford railroad, in the State of Connecticut, while in the service of the defendant as a conductor. The sole defense was the pendency of a former action for the same cause in the Supreme Court of this State, the venue being laid in Dutchess county. The pleadings in this prior suit were put in evidence; and a comparison of the complaint in that action and…
2Cases cited2 opinions
- Wooden v. Western New York & Pennsylvania RailroadNew York Court of Appeals · 1891
- Brown v. LittlefieldNew York Supreme Court · 1831