L'Amoureux v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie .Railroad Company, from so much of an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 20th day of March, 1897, granting defendant’s motion to change the place of trial of this action from the county of Onondaga to Steuben county, as provided that said motion should be granted “ upon condition that if the plaintiff so elects a referee is to be appointed to…
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Appeal by the defendant, the Erie .Railroad Company, from so much of an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 20th day of March, 1897, granting defendant’s motion to change the place of trial of this action from the county of Onondaga to Steuben county, as provided that said motion should be granted “ upon condition that if the plaintiff so elects a referee is to be appointed to hear, try and determine the issues herein;, with power to take testimony in the county of Steuben and the county of…
1Opinion of the Court
Rumsey, J.:
The action was brought in the county of Onondaga to recover damages which the plaintiff alleged that he suffered by being unlawfully ejected from a train of the defendant at a place in the county of Steuben.. A motion was made to change the place of trial to the county of Steuben because of the convenience of witnesses. That motion was granted upon condition that “ if the plaintiff so elects a referee is to be appointed to hear, try and determine the issues herein, with power to take testimony in the county of Steuben and the county of Onondaga.” From the portion of the order…
2Cases cited3 opinions
- In Matter, Etc., Waverly Water-Works Co.New York Court of Appeals · 1881
- Matter of the N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Lane v. Town of HancockNew York Supreme Court · 1890
3Cited by2 opinions
- Dembitz v. Orange County Traction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- J. P. Lewis Co. v. Phœnix Cap Co.Appellate Division of the Supreme Court of the State of New York · 1906