Johnson v. . Phoenix Bridge Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 9, 1909, which reversed an order of Special Term granting a motion for leave to amend the summons and complaint and denied said motion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 9, 1909, which reversed an order of Special Term granting a motion for leave to amend the summons and complaint and denied said motion. The following questions were certified : “ 1. Whether the Supreme Court at Special Term, upon the papers submitted, had the power to amend the summons and complaint herein by adding as parties plaintiff Catherine Johnson, Mary A. Johnson and Henry E. Johnson. “ 2. Whether the Supreme Court at Special Term, upon the papers…
1Opinion of the CourtChase, J.
John E. Johnson was one of the employees of the defendant on the cantilever bridge which was being erected over the St. Lawrence river at the time when it fell on August 29, 1907. He was one of many who lost their lives in that catastrophe. At the time of his death he was a resident of Buffalo in this state and left him surviving his widow and two children his only heirs at law and next of kin. He also left him surviving a father, his only ascendant relative. Some months thereafter his widow was appointed administratrix of his goods, chattels and credits and she brought this action as such…
2Cases cited8 opinions
- Hill v. Board of SupervisorsNew York Court of Appeals · 1890
- Wooden v. West. N. Y. & Penn. RailroadNew York Court of Appeals · 1891
- Stuber v. . McEnteeNew York Court of Appeals · 1894
- Kiefer v. Grand Trunk Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Colell v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Matter of Post v. . Burger GohlkeNew York Court of Appeals · 1916
- Cooper v. American Airlines, Inc.Court of Appeals for the Second Circuit · 1945
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- Fitzpatrick v. International Railway Co.New York Court of Appeals · 1929
- Brookshire v. BurkhartSupreme Court of Oklahoma · 1929
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