James v. Signell
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Mary James, as administratrix of the estate of Charles F. James, against John V. Signell. From an order denying a motion to vacate an attachment, defendant appeals.
1Opinion of the CourtMcLAUGHLIN, J.
On the 12th of September, 1900, the plaintiff’s intestate, an employé of the defendant, sustained'injuries from which he died five days later, by the falling of a hoisting apparatus in a building in the process of construction. This action was brought to recover $30,000, on the ground that his death was due to the negligence of the defendant. Subsequent to the commencement of the action the plaintiff, on the ground that the defendant was a nonresident, applied for, ex parte, and obtained, a warrant of attachment, which the defendant moved to vacate. His motion was denied, and he has appealed.
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2Cases cited7 opinions
- Thorington v. . MerrickNew York Court of Appeals · 1885
- Haskell v. OsbornAppellate Division of the Supreme Court of the State of New York · 1898
- Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Tucker v. E. L. Goodsell Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Martin v. Aluminum Compound Plate Co.Appellate Division of the Supreme Court of the State of New York · 1899
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3Cited by2 opinions
- Restrepo v. JaramilloAppellate Division of the Supreme Court of the State of New York · 1912
- Treadwell v. GreeneAppellate Division of the Supreme Court of the State of New York · 1903