Phelps v. New York, New Haven & Hartford Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,, "The New York,. New Haven and Hartford Railroad Company, from a judgment' of the Supreme. ■ Court' in favor of the plaintiff, entered in the office of. the clerk of the county of New York on the Mth day of January, 1897,, upon' ■ the verdict of a jury, and also from an order entered in said clerk’s • office on the 13th day of. January, 1897,. denying , the- defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
O’Brien, J.:
The defendant has waived all questions that might he raised upon the appeal from the judgment and the order, except the claim that the plaintiff cannot maintain this action because it arose at Fair-field, in the State of Connecticut, and the defendant is a. foreign corporation, organized under the laws of the State of Connecticut, and the plaintiff himself is a resident of that State. The sole question, therefore, is, whether it appears by a preponderance of evidence that the plaintiff, at the time of the commencement of the action, on December 26, 1894, was a resident of the…
2Cases cited5 opinions
- Dupuy v. . WurtzNew York Court of Appeals · 1873
- Barker v. Cunard S. S. Co.New York Supreme Court · 1895
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
- N.Y., N.H. H.R.R. Co. v. . WelshNew York Court of Appeals · 1894
- Bassett v. . WheelerNew York Court of Appeals · 1881
3Cited by5 opinions
- Bump v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- English v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1914
- Tullock v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Bump v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Tullock v. Delaware, L. & W. R.New York Supreme Court · 1911