Kent v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Floyd Kent, from so much of an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 21st day of October, 1921, permitting plaintiff to serve an amended complaint, as denied plaintiff leave to incorporate in the said amended complaint the following allegations: “ That said injury was due to and the proximate cause thereof was the use by defendant on its railroad of a car not…
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Appeal by the plaintiff, Floyd Kent, from so much of an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 21st day of October, 1921, permitting plaintiff to serve an amended complaint, as denied plaintiff leave to incorporate in the said amended complaint the following allegations: “ That said injury was due to and the proximate cause thereof was the use by defendant on its railroad of a car not provided with secure grab irons or handholds in the ends and sides for greater security to men in coupling and uncoupling…
1Opinion of the Court
Kruse, P. J.:
This is an appeal from an order which permits the plaintiff to amend his complaint in certain respects and refuses to allow him to amend it in certain other respects. The defendant appealed from that part of the order which permits the plaintiff to amend his complaint by increasing the demand for damages and alleging that the plaintiff and defendant were engaged in interstate commerce at the time of the alleged injury to plaintiff set forth in the complaint. The plaintiff appeals from that part of the order which denies leave to amend the complaint by stating that the “ injury…
2Cases cited9 opinions
- Louisville & Nashville Railroad v. LaytonSupreme Court of the United States · 1917
- Seaboard Air Line Railway v. RennSupreme Court of the United States · 1916
- Lang v. New York Central RailroadSupreme Court of the United States · 1921
- Payne v. . N.Y., S. W.R.R. Co.New York Court of Appeals · 1911
- Lang v. New York Central RailroadNew York Court of Appeals · 1920
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3Cited by5 opinions
- Luce v. New York, Chicago & St. Louis RailroadAppellate Division of the Supreme Court of the State of New York · 1925
- Fitzgerald Bros. Construction Co. v. StateNew York Court of Claims · 1947
- O'Hara v. DerschugNew York Supreme Court · 1934
- In re County of NassauNew York Supreme Court · 1971
- Halleran v. DayAppellate Division of the Supreme Court of the State of New York · 1931