Legal Opinion

O'Brien v. Thellusson

New York Supreme Court

Decided January 28, 1943PublishedCited by 3 opinions

1Opinion of the CourtFroessel, J.

Plaintiff, an administratrix to whom letters were issued by the Surrogate’s Court of Kings County for the purpose of prosecuting this action (see Surrogate’s Ct. Act, §§ 89,122), moves to dismiss the defendant’s second affirmative defense for legal insufficiency. The action is to recover damages for wrongful death as the result of an automobile accident, which occurred in the State of New Jersey. Plaintiff’s intestate died a resident of New York State. Plaintiff and defendant were and still are residents of this State. The defendant’s automobile, involved in the accident, was licensed by this…

2Cases cited6 opinions

  1. Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
  2. Dennick v. Railroad Co.Supreme Court of the United States · 1881
  3. Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
  4. Wikoff v. HirschelNew York Court of Appeals · 1932
  5. Kroger Grocery & Baking Co. v. ReddinCourt of Appeals for the Eighth Circuit · 1942

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Meehan v. Central Railroad Company of New JerseyDistrict Court, S.D. New York · 1960
  2. Jongebloed v. Erie RailroadNew York Supreme Court · 1943
  3. Sutila v. New York Central RailroadNew York Supreme Court · 1943

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