Legal Opinion
Boyle v. Southern Railway Co.
New York Supreme Court
Decided November 15, 1901PublishedCited by 4 opinions
Issues of law upon demurrer to complaint.
1Opinion of the CourtBischoff, J.
The action is for negligence resulting in death, and the cause of action arose in the State of Tennessee, a. recovery upon the facts set forth being supported by the statutes of that State.
By demurrer for insufficiency the complaint is attacked mainly upon the ground that the Tennessee statute which gives the cause of action is substantially• different from the law of this State covering the subject of liability for death by negligence (Code Civ. Pro., §§ 1902-1904), and the contention is that, failing similarity of the statutes, the action is not maintainable.
It is well settled that a right…
2Cases cited10 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Flash v. ConnSupreme Court of the United States · 1883
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Herrick v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Niosi v. AielloDistrict of Columbia Court of Appeals · 1949
- Brown, Admr. v. Perry, Jr.Supreme Court of Vermont · 1931
- Texas & New Orleans Railroad v. MillerCourt of Appeals of Texas · 1910