Fairclough v. . Southern Pacific Company
New York Court of Appeals
Appeal from a judgment, entered March 7, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department which reversed an order of Special Term denying a motion to dismiss the complaint and granted said motion in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. The intestate, a resident of New Jersey, was killed in Texas.
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Appeal from a judgment, entered March 7, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department which reversed an order of Special Term denying a motion to dismiss the complaint and granted said motion in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. The intestate, a resident of New Jersey, was killed in Texas. The plaintiff, a resident of New Jersey, was appointed executrix in that state and ancillary letters testamentary issued to her in this state. The defendants…
1Opinion of the Court
Judgment affirmed, with costs,' on the authority of Robinson v. Oceanic Steam Navigation Co. (112 N. Y. 315.)
Concur: Willard Bartlett, Ch. J., Hiscook, Collin and Hogan, JJ.; Chase and Cardozo, JJ., dissent on the ground that the amended Code section is retroactive.
2Cases cited1 opinion
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
3Cited by7 opinions
- Gatti Paper Stock Corp. v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1936
- Vandeweghe v. City of New YorkNew York Supreme Court · 1934
- Ellis v. LynchDistrict Court, D. New Jersey · 1952
- Star-Kist Foods, Inc. v. Chicago, Rock Island & Pacific RailroadDistrict Court, N.D. Illinois · 1984
- Benjamin v. State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1962
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