Frounfelker v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Delaware, Lackawanna and Western Railroad Company, 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 23d day of October, 1902, directing that a commission issue herein to examine as a witness for the plaintiff, wholly on oral questions, one Ben Le Barr who resides in the State of Pennsylvania.
1Opinion of the Court
Laughlin, J.:. The action is brought by the widow of John Frounfelker, deceased, under the statute of the State of Pennsylvania (Laws of *68Penn. of 1851, chap. 358, § 19), to recover for his death, alleged to have been caused in that.State by the negligence of the defendant. The issues have been twice tried. Upon each trial the plaintiff obtained a verdict, but the judgments entered on these verdicts were reversed on appeal. (Frounfelker v. Delaware, Lackawanna Western R. R. Co., 48 App. Div. 206; 168 N. Y. 635; second appeal, 74 App. Div. 225.)
The decedent was a conductor in the employ of the…
2Cases cited1 opinion
- Frounfelker v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by4 opinions
- Bator v. Hungarian Commercial Bank of PestNew York Supreme Court · 1949
- Commonwealth v. Wanamaker, Pennsylvania Court of Common Pleas, Montgomery County1932
- Heller, Hirsh & Co. v. General Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Woodward v. SkinnerAppellate Terms of the Supreme Court of New York · 1905