Lutz v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Third Avenue Railroad Company, 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 27th day of September, 1899, granting a motion to continue the above-entitled action in the name of the administratrix of the plaintiff, and granting leave to the administratrix to prosecute the appeal.
1Opinion of the Court
Ingraham, .:
The action was Drought to recover ior personal injuries csused by the negligence of the defendant. Issue was joined, and the action came on for trial and resulted in the dismissal of the- complaint, and judgment was then entered April 22, 1899. From this judgment the plaintiff appealed, and pending that appeal died, and letters of administration were issued upon his estate by the surrogate of New York county. The plaintiff then moved that the ■action be continued in the name of the administratrix, and that she be allowed to prosecute said appeal, which motion was granted, and from…
2Cases cited2 opinions
- Stringham v. . HiltonNew York Court of Appeals · 1888
- Carr v. . RischerNew York Court of Appeals · 1890
3Cited by3 opinions
- Harkins v. ProvenzoNew York Supreme Court · 1921
- Molloy v. StarinAppellate Division of the Supreme Court of the State of New York · 1909
- Spadone v. WarrenAppellate Division of the Supreme Court of the State of New York · 1908