Woicianowicz v. Philadelphia & Reading Coal & Iron Co.
New York Court of Appeals
Appeal from a judgment, entered December 31, 1918, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff, entered upon a verdict and directing a dismissal of the complaint. The Appellate Division erred in reversing the judgment and order of the Trial Term and dismissing the complaint.. (Ubart v. B. & O. R. R. Co., 117 App. Div. 831; Persick v. Phila. & Reading Co., 182 App.
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Appeal from a judgment, entered December 31, 1918, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff, entered upon a verdict and directing a dismissal of the complaint. The Appellate Division erred in reversing the judgment and order of the Trial Term and dismissing the complaint.. (Ubart v. B. & O. R. R. Co., 117 App. Div. 831; Persick v. Phila. & Reading Co., 182 App. Div. 291; Crowley v. Royal Exchange Shipping Co., 10 Daly, 409; 89 N. Y. 607; Johnson v. Adams Tobacco Co., 14 Hun, 89; Phila. & Reading…
1Opinion of the CourtCrane, J.
This action was brought by the plaintiff for damages sustained by him in the defendant's coal mine in Shenandoah, Pennsylvania, where he was employed. The complaint alleged that the plaintiff was a resident of the city and state of New York which was denied'by the answer. The defendant also pleaded as a separate and distinct defense that the plaintiff was a non-resident and that it was a non-resident corporation. The court charged the jury among other things as follows:
“ I will charge the jury without any qualification on that if the jury find this plaintiff came here to' New York for the…
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