Pond v. Hudson River Railroad
New York Supreme Court
Motion to change the place of trial. The actions were brought to recover damages for injuries sustained by the plaintiffs, while passengers upon a train of cars belonging to the defendants. The collision, which resulted in the injuries of which the plaintiffs complain, took place near Poughkeepsie, in January, 1856. The plaintiffs were passengers from Albany to Uew-York. The plaintiffs reside in the county of Schoharie.
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Motion to change the place of trial. The actions were brought to recover damages for injuries sustained by the plaintiffs, while passengers upon a train of cars belonging to the defendants. The collision, which resulted in the injuries of which the plaintiffs complain, took place near Poughkeepsie, in January, 1856. The plaintiffs were passengers from Albany to Uew-York. The plaintiffs reside in the county of Schoharie. The venue in the actions is laid in the county of Albany. The defendants in due season demanded that the trial should be had in the proper county. They then moved to change…
1Opinion of the Court
Harris, Justice.
The 125th section of the Code required that the plaintiffs should lay their venue in some county in which some of the parties to the action resided at the time of the commencement of the suit. The plaintiffs themselves resided in the county of Schoharie. Whether or not the venue *544could properly be laid in Albany, must depend upon the question whether the defendants can properly be regarded as residents of that county ?
The question whether a corporation can be deemed to have a- residence, and, if so, how its place of residence is to be determined, was well considered by Mr.…
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