Legal Opinion · Dissent

Faltiska v. New York, Lake Erie & Western Railroad

Superior Court of Buffalo

Decided May 15, 1895Published

Appeal from an order, denying a ■ motion to set aside the service of a summons. o

1DissentTitus, C. J.

(dissenting). — The question raised on this appeal relates to the service of a summons on the defendant in an action for damages for injuries sustained by the plaintiff while in the employ of the defendant, in January, 1891. The action was commenced by the service of a summons on Charles A. Brunn, formerly superintendent of the Western division of the defendant’s road, extending from Hornellsville and Jamestown to Buffalo. On July 25, 1893, in a suit brought in the United States circuit court for the Southern district of Rew York for that purpose, against the defendant, John King and John Gr.…

2Cases cited9 opinions

  1. Kincaid v. . DwinelleNew York Court of Appeals · 1875
  2. Norton v. E. WiswallNew York Supreme Court · 1858
  3. Brayton v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1893
  4. Ohio & Mississippi Railroad v. FitchIndiana Supreme Court · 1863
  5. Beardsley v. . JohnsonNew York Court of Appeals · 1890

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