Howlan v. New York & New Jersey Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York and New Jersey Telephone Company,'from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 21st day of October, 1908, upon the decision of the court, rendered after a trial at the Oneida Special Term, overruling the defendant’s demurrer to the amended complaint. » The action was commenced on the 26th day of June, 1907, to recover damages resulting from…
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Appeal by the defendant, New York and New Jersey Telephone Company,'from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 21st day of October, 1908, upon the decision of the court, rendered after a trial at the Oneida Special Term, overruling the defendant’s demurrer to the amended complaint. » The action was commenced on the 26th day of June, 1907, to recover damages resulting from the death of plaintiff’s intestate alleged to have been caused solely through the negligence of the defendant.
1Opinion of the Court
McLennan, P. J.:
The facts which are alleged in the complaint as to the appointment of plaintiff as administrator of the decedent’s estate, the happening of the accident, the death of plaintiff’s intestate, the negligence of the defendant, and the decedent’s freedom from contribu- ' tory negligence concededly constitute a cause of action in plaintiff’s favor if the accident had occurred within this State. But it is alleged that the accident and death occurred in the State of New Jersey and was occasioned by the negligence of the deferidant which occurred in that State. The only allegation in…
2Cases cited3 opinions
- Chase v. . LordNew York Court of Appeals · 1879
- Wooden v. Western New York & Pennsylvania RailroadNew York Court of Appeals · 1891
- Rothschild v. Rio Grande Western Ry. Co.New York Supreme Court · 1891
3Cited by2 opinions
- Zeikus v. Florida East Coast Railway Co.New York Supreme Court · 1911
- Domres v. StormsAppellate Division of the Supreme Court of the State of New York · 1932