Schun v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by The Long Island Railroad Company from so much of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 25th day of November, 1902, as denies the motion of the said company to vacate and set aside an order entered in said clerk’s office on the 17th day of September, 1902, bringing in the appellant as a party defendant to this action and allowing the plaintiff to serve a supplemental…
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Appeal by The Long Island Railroad Company from so much of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 25th day of November, 1902, as denies the motion of the said company to vacate and set aside an order entered in said clerk’s office on the 17th day of September, 1902, bringing in the appellant as a party defendant to this action and allowing the plaintiff to serve a supplemental summons and amended complaint.
1Opinion of the Court
Hooker, J.:
This action was originally brought against the Brooklyn Heights Railroad Company and the city of New York. In his amended complaint the plaintiff alleges that on the day he received his injuries the Brooklyn Heights Railroad Company was operating a surface street car line on Flushing avenue in the borough of Brooklyn, and that this line intersected the railroad tracks of the Long Island Railroad Company, the appellant here, as the latter crossed the avenue in question. It is claimed by the plaintiff that while he was traveling along the car tracks of the Brooklyn Heights Railroad…
2Cases cited2 opinions
- Heffern v. HuntAppellate Division of the Supreme Court of the State of New York · 1896
- Romanoski v. Union Railway Co.City of New York Municipal Court · 1899
3Cited by8 opinions
- Gittleman v. . FeltmanNew York Court of Appeals · 1908
- Goldstein v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1903
- Horan v. BruningAppellate Division of the Supreme Court of the State of New York · 1906
- Gittleman v. FeltmanAppellate Division of the Supreme Court of the State of New York · 1907
- Haskell v. MoranAppellate Division of the Supreme Court of the State of New York · 1907
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