Norton v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gertrude I. Norton, as sole administratrix, etc., from an order of the Supreme Court, made at the Steuben Special Term and entered in the office of the clerk of the county of Steuben on the 19th day of December, 1913, denying plaintiff’s motion for the retaxation of costs.
1Opinion of the Court
Kruse, P. J.:
The plaintiff seeks to have included in the judgment interest upon the verdict from the time of the death of the plaintiff’s intestate, as is provided by section 1904 of the Code of Civil Procedure. I think that section has no application to this case, for the reason that the action is brought under the Federal Employers’ Liability Act, and the verdict rests solely upon the claim arising under that act. The Federal statute is paramount and exclusive (35 U. S. Stat. at Large, 65, chap. 149, as amd. by 36 id. 291, chap. 143; U. S. Comp. Stat. Supp. 1911, pp. 1322, 1324; Mondou v.…
2Cases cited2 opinions
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Matter of TaylorNew York Court of Appeals · 1912
3Cited by10 opinions
- Wyman v. Pan American Airways, Inc.New York Supreme Court · 1943
- Mobile O. R. Co. v. WilliamsSupreme Court of Alabama · 1929
- Lynott v. Great Lakes Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1922
- Chicago, M., St. P. & P. R. Co. v. BusbyCourt of Appeals for the Ninth Circuit · 1930
- Murmann v. N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1932
5 more not listed; retrieve them via the Exa API.