Polley v. Lehigh Valley Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Lehigh Yalley Railroad Company, from an order of the Supreme Court, made at the Cortland Special Term and entered in the office of the clerk of the county of Cortland on the 26th day of January, 1910, denying the defendant’s ' motion to change the place of trial.
1Opinion of the Court
Cochrane, J. :
This is an action which. “ must be tried in the county in which one of the parties resided at the commencement-.thereof.” (Code Civ. Proc.. § 984.) ' Plaintiff at the time of the commencement of the action resided in Tioga county and brought his action in Cortland county.- Defendant is a foreign corporation, but operates a. railroad extending through both, the counties of Cortland and Tioga. It seeks'to change the place of trial from Cortland to Tioga .county because of the alleged reason that neither party resides within- said county of Cortland.
In Poland v. United Traction Co.…
2Cases cited4 opinions
- Bischoff v. BischoffAppellate Division of the Supreme Court of the State of New York · 1903
- Poland v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Poland v. . United Traction CompanyNew York Court of Appeals · 1904
- New York, New Haven & Hartford Railroad v. WelshNew York Court of Appeals · 1894
3Cited by10 opinions
- Kibler v. Transcontinental & Western Air, Inc.District Court, E.D. New York · 1945
- Levey v. PayneAppellate Division of the Supreme Court of the State of New York · 1922
- English v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1914
- Stoddard v. ManzellaAppellate Division of the Supreme Court of the State of New York · 1924
- Ray v. Bee Line, Inc.New York Supreme Court · 1943
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