Legal Opinion

Flynn v. Central Railroad

New York Court of Appeals

Decided June 5, 1894PublishedCited by 22 opinions

Appeal from judgment of the G-eneral Term of the Superior Court of'the city of Hew York, entered upon an order made February 6, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court below had no jurisdiction either of the person of the defendant or the subject of the action. (Code Civ.

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Appeal from judgment of the G-eneral Term of the Superior Court of'the city of Hew York, entered upon an order made February 6, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court below had no jurisdiction either of the person of the defendant or the subject of the action. (Code Civ. Pro. § 263.) In order to recover the plaintiff must show that defendant owed him a duty, the neglect of which caused the injury,…

1Opinion of the CourtBartlett, J.

The plaintiff sues to recover damages for alleged personal injuries. The case was tried in the Superior Court of the City of Rew York, a jury finding a verdict of $2,500 for the plaintiff; The judgment entered upon the verdict was affirmed by the General Term. A preliminary point was taken at the trial and argued on this appeal challenging the jurisdiction of the Superior Court of the City of Rew York either of the defendant or the subject of the action. It is claimed that, as the plaintiff at the date of com mencing the action was a resident of the city of Brooklyn, the defendant a foreign…

2Cases cited2 opinions

  1. Larkin v. . O'NeillNew York Court of Appeals · 1890
  2. Popfinger v. . YutteNew York Court of Appeals · 1886

3Cited by22 opinions

  1. Tryon v. ChalmersAppellate Division of the Supreme Court of the State of New York · 1923
  2. Texas Co. v. Washington, Baltimore & Annapolis Electric RailroadCourt of Appeals of Maryland · 1925
  3. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. SimonsIndiana Supreme Court · 1907
  4. Yockel v. GerstadtCourt of Appeals of Maryland · 1928
  5. Leonard v. Enterprise Realty Co.Court of Appeals of Kentucky · 1920

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