Howe 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 an interlocutory judgment of the Supreme Court in favor of the'plaintiff, entered in the office of the clérk of the county of New York .on the 8th day of March, 1910, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the amended complaint.
1Opinion of the Court
Miller, J.:. The grounds of the demurrer are that the court has not jurisdiction of the subject of the action ; that there is a defect of parties defendant, and that the complaint does not state facts sufficient to constitute a cause of action. But these grounds are limited by specifications among which it is difficult to find a valid criticism of the complaint. However, in our view, there is an insuperable obstacle to the maintenance of the action, and it may be possible to construe one of the specifications so as to present the point.
The plaintiff alleges that the defendant, a Connecticut,…
2Cases cited5 opinions
- Niles v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
- Vanderpoel v. . GormanNew York Court of Appeals · 1894
- Miller v. . QuincyNew York Court of Appeals · 1904
- Ernst v. Rutherford & Boiling Springs Gas Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Davis v. . CornueNew York Court of Appeals · 1896
3Cited by4 opinions
- Holmes v. CampAppellate Division of the Supreme Court of the State of New York · 1919
- Ramsey v. RosenthalAppellate Division of the Supreme Court of the State of New York · 1934
- Bogert v. Southern Pac. Co.District Court, E.D. New York · 1914
- Delavan v. New York, New Heaven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1912