Legal Opinion · Dissent

Faltiska v. New York, L. E. & W. Railroad

The Superior Court of the City of New York and Buffalo

Decided May 15, 1895Published

Appeal from special term. Action by Peter Faltiska against the New York, Lake Erie & Western Railroad Company. From an order denying a motion to set aside the service of summons, defendant appeals.

1Dissent

TITUS, C. J. (dissenting).

The question raised on this appeal relates to the service of a summons on the defendant in an action for damages for injuries sustained by the plaintiff while in the employ of the defendant, in January, 1891. The action was commenced by the service of a summons on Charles A. Brunn, formerly superintendent of the Western division of the defendant’s road, extending from Homellsville and Jamestown to Buffalo. On July 25, 1893, in a suit brought in the United States circuit court for the Southern district of New York for that purpose, against the defendant, John King and…

2Cases cited10 opinions

  1. Kincaid v. . DwinelleNew York Court of Appeals · 1875
  2. Norton v. E. WiswallNew York Supreme Court · 1858
  3. Brayton v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1893
  4. Ohio & Mississippi Railroad v. FitchIndiana Supreme Court · 1863
  5. Beardsley v. . JohnsonNew York Court of Appeals · 1890

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