Legal Opinion

Murray v. New York, Ontario & Western Railroad

Appellate Division of the Supreme Court of the State of New York

Decided November 9, 1934PublishedCited by 13 opinions

1Opinion of the CourtO’Malley, J.

Upon the death of a sole plaintiff in an action predicated upon a foreign statute which gives a right to designated persons to sue for injuries resulting in death through defendant’s negligence, may there be a revivor and a renewed prosecution of the action after the expiration of the statutory period of limitation by one not originally joined, but who should have been joined under the foreign statute, or should the action be deemed abated and dismissed?

This action was instituted by one Michael Murray to recover damages for the death of his son Martin resulting from injuries received in the…

2Cases cited6 opinions

  1. Spokane & Inland Empire Railroad v. WhitleySupreme Court of the United States · 1915
  2. Wooden v. West. N. Y. & Penn. RailroadNew York Court of Appeals · 1891
  3. Johnson v. . Phoenix Bridge Co.New York Court of Appeals · 1910
  4. Herzog v. SternNew York Court of Appeals · 1934
  5. Sapone v. New York Central & Hudson River RailroadNew York Supreme Court · 1927

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
  2. Joe W. Collins, as Committee for Travious Riddle Collins, Incompetent v. American Automobile Insurance Company of St. Louis, MissouriCourt of Appeals for the Second Circuit · 1956
  3. Oltarsh v. Aetna InsuranceNew York Court of Appeals · 1965
  4. Van Der Stegen v. Neuss, Hesslein & Co.New York Court of Appeals · 1936
  5. Komlos v. Compagnie Nationale Air FranceDistrict Court, S.D. New York · 1952

8 more not listed; retrieve them via the Exa API.

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