Waisikoski v. Philadelphia & Reading Coal & Iron Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Waisikoski, from an order of the Supreme Court, made at the Richmond Trial Term and entered irf the office of the clerk of the county of Richmond on the 14th day of February, 1916, dismissing his complaint at the opening of the trial.
1Opinion of the Court
Jenks, P. J.:
This is a case of master and servant. The servant, a resident of Pennsylvania, sues for an injury inflicted in that State *539by the master, a resident of that State. And he sues here perforce of the amendment of 1913 to section 1780 of the Code of Civil Procedure that permits an action “ where a foreign corporation is doing business within this State.” (Laws of 1913, chap. 60.)
There is not the slightest relation between the tort and the business doing in this State. And a statute that affords jurisdiction perforce of such a condition is benign and carries comity to the extreme,…
2Cases cited11 opinions
- Simon v. Southern Railway Co.Supreme Court of the United States · 1915
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Bagdon v. Philadelphia & Reading Coal & Iron Co.New York Court of Appeals · 1916
- Livingston v. JeffersonU.S. Circuit Court for the District of Virginia · 1811
- Burdick v. . FreemanNew York Court of Appeals · 1890
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3Cited by15 opinions
- Flaiz v. MooreTexas Supreme Court · 1962
- Cohen v. Delaware, Lackawanna & Western RailroadNew York Supreme Court · 1934
- Davis v. Julius Kessler & Co.New York Supreme Court · 1922
- Waisikoski v. . Philadelphia and Reading Coal Iron Co.New York Court of Appeals · 1920
- Boyd v. WalshAppellate Division of the Supreme Court of the State of New York · 1926
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