Dome v. Southern Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lillian Nordica Dome, from an order of the Supreme Court, made at the New York Special Term and entered in the office. of the clerk of the county of New York on the 23d day of April, 1912, dismissing the complaint for failure to prosecute.
1Opinion of the Court
McLaughlin, J.:
This action was commenced on the 15th of April, 1902, to recover $50,000 damages for personal injuries alleged to have been sustained by the plaintiff while a passenger on defendant’s road.
On the 22d of September, 1904, a stipulation was entered into that a commission issue to obtain testimony of certain witnesses on behalf of plaintiff and that until the execution and return of the commission the trial of the action and all proceedings on the part of plaintiff and defendant be stayed. On the twenty-ninth of October following, upon the stipulation, an order was entered…
2Cited by2 opinions
- Detroit Copper & Brass Rolling Mills Co. v. WiseDistrict Court, N.D. New York · 1922
- Lee v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1917