Fairclough v. Southern Pacific Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Southern Pacific Company and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of October, 1915, denying their motion to dismiss a complaint upon the ground that the court had no jurisdiction of the action.
1Opinion of the Court
McLaughlin, J.:
Action to .recover damages for personal injuries resulting in death. The decedent, a resident of the State of New Jersey, was killed in a railroad accident in the State of Texas in December, 1906. He left a will, which was probated in the State of New Jersey and letters testamentary issued to the plaintiff, his widow. Ancillary letters were, in December, 1907, issued to her by the Surrogate’s Court of the county of New York and she thereupon brought this action. The defendants are all foreign corporations. The cause of action arose outside of the State of New York and the…
2Cases cited11 opinions
- Simon v. Southern Railway Co.Supreme Court of the United States · 1915
- Chambers v. Baltimore & Ohio RailroadSupreme Court of the United States · 1907
- Dash v. Van KleeckNew York Supreme Court · 1811
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Palmer v. Conly & JohnsonNew York Supreme Court · 1847
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Romano v. RomanoNew York Court of Appeals · 1967
- Gatti Paper Stock Corp. v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1936
- Waisikoski v. Philadelphia & Reading Coal & Iron Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Vandeweghe v. City of New YorkNew York Supreme Court · 1934
- City of New York v. StateNew York Court of Claims · 1969
5 more not listed; retrieve them via the Exa API.