Legal Opinion

Clancy v. . N.Y., N.H. H.R.R. Co.

New York Court of Appeals

Decided April 15, 1919PublishedCited by 10 opinions

1Opinion of the Court

The present action was brought under the Employers' Liability Act to recover damages for the alleged negligence of the defendant which resulted in the death of plaintiff's intestate.

A question of practice is presented upon this appeal which must be disposed of, irrespective of the merits of the case, and which arose in the following manner.

Upon the trial under review, which was had on January 13th and 14th, 1914, counsel for defendant moved to dismiss the complaint particularly upon the ground that section 841-b of the Code of Civil Procedure was inapplicable to the case at bar, and defendant…

2Cases cited5 opinions

  1. Herpe v. . HerpeNew York Court of Appeals · 1919
  2. Bohlen v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
  3. Heath v. New York Building Loan Banking Co.New York Court of Appeals · 1895
  4. Ellis v. HearnAppellate Division of the Supreme Court of the State of New York · 1909
  5. Heinitz v. DarmstadtAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by10 opinions

  1. Goodrich v. Ross-Ketchum Co.Appellate Division of the Supreme Court of the State of New York · 1948
  2. Hanbury v. Metropolitan Securities Co.Appellate Division of the Supreme Court of the State of New York · 1926
  3. Croissant v. DoscherAppellate Division of the Supreme Court of the State of New York · 1935
  4. Jacquin v. Syracuse Auto Rental & Taxicab Corp.New York Court of Appeals · 1933
  5. Vetter v. Asphalt Construction Co.Appellate Division of the Supreme Court of the State of New York · 1924

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