Hartford Fire Ins. v. Erie R.
U.S. Circuit Court for the District of Southern New York
At Law. On motion to dismiss. This is an action to recover damages for the destruction by fire of certain houses in the village of South Lima, Livingston county,. N. Y., by sparks projected .from the defendant’s engines. At the close of the plaintiff’s opening the defendant moved to dismiss the action upon three separate grounds: First, under section 657 of the Revised Statutes (ü. S. Comp.
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At Law. On motion to dismiss. This is an action to recover damages for the destruction by fire of certain houses in the village of South Lima, Livingston county,. N. Y., by sparks projected .from the defendant’s engines. At the close of the plaintiff’s opening the defendant moved to dismiss the action upon three separate grounds: First, under section 657 of the Revised Statutes (ü. S. Comp. St. 1901, p. 529), for want of 'jurisdiction, because the causes of action arose in 'territory formerly included-, in the Northern district of New York; second, because the jurisdiction of this court had…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). Three (questions are presented: First, the jurisdiction of this court under *901section 657 (U. S. Comp. St. 1901, p. 529); second, the jurisdiction under Act March 3, 1875, c. 137, 18 Stat. 470 (U. S. Comp. St. 1901, p. 507); third, whether the complaint sets up a good cause of action. The last is not a jurisdictional question.
I understand the plaintiff concedes that, if the former Northern district of New York had not been subdivided, this action could not be entertained by the Circuit Court for the Southern district of New York, for it is a case of original…
2Cases cited8 opinions
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Wheaton and Donaldson v. Peters and GriggSupreme Court of the United States · 1834
- Lehigh Mining & Manufacturing Co. v. KellySupreme Court of the United States · 1895
- Waite v. Santa CruzSupreme Court of the United States · 1902
- Farmington v. PillsburySupreme Court of the United States · 1885
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- New York Life Ins. v. JonesDistrict Court, M.D. North Carolina · 1933