Colell v. Delaware
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Kings county. Action by Edward H. Colell, as administrator of the estate of Cecile Colell, deceased, against the Delaware, Lackawanna & Western Railroad Company. From an order granting defendant leave to amend its answer, plaintiff appeals.
1Opinion of the CourtWoodward, J.
The plaintiff brought this action to recover damages for the alleged negligent killing of his wife by the defendant. The accident occurred in the state of New Jersey; on July 30, 1898, resulting in the death of plaintiff’s intestate on August 2d following. The action is based on the provisions of a New Jersey statute similar in its scope and effect to the provisions of section 1902 of the Code of Civil Procedure. It is provided in this statute that the action must be commenced within one year from the date of the accident. The action was, in fact, commenced on July 18, 1900 — nearly two…
2Cases cited7 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Hill v. Board of SupervisorsNew York Court of Appeals · 1890
- Hamilton v. Royal Insurance Co. of Liverpool, EnglandNew York Court of Appeals · 1898
- Kiefer v. Grand Trunk Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Kiefer v. Grand Trunk Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brookshire v. BurkhartSupreme Court of Oklahoma · 1929
- Shepard v. KuschNew York Supreme Court · 1915