Legal Opinion

English v. New York, New Haven & Hartford Railroad

Appellate Division of the Supreme Court of the State of New York

Decided April 3, 1914PublishedCited by 6 opinions

Appeal by the plaintiff, Celia E. English, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 23d day of May, 1913, upon a dismissal of the complaint by direction of the court at the close of the plaintiff’s case, and also from the formal order entered in said clerk’s office on the 8th day of July, 1913, dismissing the complaint.

1Opinion of the Court

Laughlin, J.:

After the plaintiff introduced her evidence and rested her case, counsel for defendant moved to dismiss the complaint on the ground that the plaintiff had failed to make out a cause of action “by proving any negligence on the part of this defendant.” The court reserved decision on the motion and took a recess. On reconvening the court announced that the complaint would be dismissed on the ground that the court was without jurisdiction, and the formal order and judgment followed.

This action is brought to recover damages alleged to have been sustained by the next of kin of one…

2Cases cited14 opinions

  1. Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
  2. Hoes v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1903
  3. Collard v. BeachAppellate Division of the Supreme Court of the State of New York · 1903
  4. Grant v. Cananea Consolidated Copper Co.New York Court of Appeals · 1907
  5. Poland v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1903

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3Cited by6 opinions

  1. Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
  2. In re the Estate of MeyerNew York Surrogate's Court · 1925
  3. General Baking Co. v. DaniellNew York Supreme Court · 1917
  4. English v. New York, N. H. & H. R.Appellate Division of the Supreme Court of the State of New York · 1914
  5. Fairclough v. Southern Pac. Co.New York Supreme Court · 1915

1 more not listed; retrieve them via the Exa API.

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