Lincoln v. New York Cent. & H. R. Railroad
New York Supreme Court
Action by Sarah L. Lincoln, administratrix, against the New York Central & Hudson River Railroad Company and another. Heard on motion by each defendant for an order staying all proceedings in the action until the plaintiff pays the costs awarded against her in a former action for the same reiiei.
1Opinion of the CourtFoote, J.
Plaintiff brought a former action for the same relief on the same allegations of negligence, etc. The action was brought to trial and plaintiff’s evidence given, occupying two or three days. At the close of plaintiff’s evidence, she was nonsuited, on the ground *2that plaintiff’s evidence showed her intestate guilty of contributory negligence. From this judgment of nonsuit, plaintiff appealed to the Appellate Division, where the judgment was unanimously affirmed. The plaintiff now brings this action for the same relief, alleging the same facts, and defendants move to stay proceedings until the…
2Cases cited5 opinions
- Wilner v. Independent Order Ahawas IsraelAppellate Division of the Supreme Court of the State of New York · 1907
- Muratore v. PirklAppellate Division of the Supreme Court of the State of New York · 1905
- Singer v. GarlickAppellate Division of the Supreme Court of the State of New York · 1908
- People ex rel. Althause v. Giroux Consolidated Mines Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Conlon v. National Fireproofing Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by10 opinions
- CONDENSER SERVICE, ETC., CO., INC. v. American Ins. Co.New Jersey Superior Court Appellate Division · 1957
- Goods v. Lackawanna Leather Co.s.New Jersey Superior Court Appellate Division · 1967
- In Re Estate of CookSupreme Court of New Jersey · 1965
- Ajamian v. Tp. of No. BergenNew Jersey Superior Court Appellate Division · 1968
- Cordey China Co. v. UNITED MINE WORKERS, DIST. 50New Jersey Superior Court Appellate Division · 1953
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