Falco v. New York, New Haven & Hartford Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York, New Haven and Hartford Railroad Company, from part of an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 17th day of February, 1914. The action is brought by the administrator of a servant against a master to recover damages for the death of the servant.
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Appeal by the defendant, The New York, New Haven and Hartford Railroad Company, from part of an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 17th day of February, 1914. The action is brought by the administrator of a servant against a master to recover damages for the death of the servant. The plaintiff complained that the defendant is a foreign Connecticut State railroad corporation; that her intestate was struck by part of the appliances of the defendant’s locomotive engine, sustained fatal…
1Opinion of the Court
Jenks, P. J.:
The power of the court is prescribed and regulated by sections 803-809 inclusive of the Code of Civil Procedure, and by rules 14,15 and 16 of the General Eules of Practice. (Walsh v. Press Co., 48 App. Div. 333; Matter of Ehrich v. Root, 134 id. 437.) The procedure contemplates evidence. (Woods v. De Figaniere, 25 How. Pr. 522; Merguelle v. Continental Bank Note Co., 7 Robt. 77; Davis v. Dunham, 13 How. Pr. 425; Ahlymeyer v. Healy & Bigelow, 12 N. Y. St. Repr. 677; Matter of Ehrich v. Root, supra; Hallenbeck v. Parr, 65 App. Div. 167.) The documents sought to be discovered are…
2Cases cited6 opinions
- Woods v. De FiganiereThe Superior Court of New York City · 1863
- Beyer v. Transit Development Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Morrison v. SturgesThe Superior Court of New York City · 1863
- Walsh v. Press Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Davis v. DunhamNew York Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- People Ex Rel. Lemon v. Supreme CourtNew York Court of Appeals · 1927
- Cataldo v. County of MonroeNew York Supreme Court · 1963
- Wise v. Western Union Telegraph Co.Superior Court of Delaware · 1935
- People v. Fraiser, New York County Courts1973
- Ehrlich v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1937
19 more not listed; retrieve them via the Exa API.