Monagan v. Lehigh Val. R. Co.
New York Court of Common Pleas
Appeal from First district court. Action by James Monagan against the Lehigh Valley Railroad Company. From a judgment for plaintiff, defendant appeals. Reversed.
1Opinion of the CourtBischoff, J.
Plaintiff brought this action to recover for injuries to his property, alleged to have been sustained through defendant’s negligence, and claimed $250. Upon the return day of the summons, defendant moved that the cause be removed to the court of common pleas, and presented an undertaking, theretofore prepared, in the usual form, the sureties, respectively, binding themselves in the sum of $500. No question was raised as'to the sufficiency of these sureties, nor as to the form of the undertaking, but the justice denied the motion for the reason, as indorsed upon the summons, that “the same was…
2Cases cited4 opinions
- Warren v. CampbellNew York Court of Common Pleas · 1891
- O'Connor v. MoschowitzNew York Court of Common Pleas · 1875
- Scherer v. HopkinsNew York Court of Common Pleas · 1892
- Dunseith v. LinkeNew York Court of Common Pleas · 1882
3Cited by1 opinion
- Leverson v. ZimmermanAppellate Terms of the Supreme Court of New York · 1900