Gurney v. Grand Trunk Railway of Canada
New York Supreme Court
Appeal from special term, New York county. Action by Frederick B. Gurney, as administrator of Launcelot S. Gurney, deceased, against the Grand Trunk Bailway of Canada. Defendant appeals from an interlocutory judgment overruling its demurrer to the complaint. Code Civil Proc.
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Appeal from special term, New York county. Action by Frederick B. Gurney, as administrator of Launcelot S. Gurney, deceased, against the Grand Trunk Bailway of Canada. Defendant appeals from an interlocutory judgment overruling its demurrer to the complaint. Code Civil Proc. H. Y. § 488, provides: “The defendant may demur to the complaint where one or more of the following objections thereto appear upon the face thereof: (1) That the court has not jurisdiction of the person of the defendant; (2) that the court has not jurisdiction of the subject of the action,” etc. Code Civil Proc. H. Y. §…
1Opinion of the CourtO’Brien, J.
The facts alleged in the complaint and conceded by the demurrer are that the defendant company, being a common carrier of passengers, on the 28th day of April, 1889, received the plaintiff’s intestate as a passenger on its railway, and so negligently and unskillfully managed the cars and locomotive engine of the railway that the deceased, while exercising due care and caution, was killed thereby; that the plaintiff was duly appointed administrator of his estate by the surrogate of Kings county, H. Y.; that there was at that date, and still is, a statute in force in the dominion of Canada,…
2Cases cited1 opinion
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
3Cited by2 opinions
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
- Brown v. Travellers' Life & Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1897