Pensabene v. F. & J. Auditore Co.
New York Supreme Court
The' defendant moves, under section 976 of the Code of Civil Procedure, for an order sustaining a demurrer to the complaint on the grounds that the court has no jurisdiction of the subject of the action and that the complaint does not state facts sufficient to constitute a cause of action.
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The' defendant moves, under section 976 of the Code of Civil Procedure, for an order sustaining a demurrer to the complaint on the grounds that the court has no jurisdiction of the subject of the action and that the complaint does not state facts sufficient to constitute a cause of action. The complaint is based upon the “ Elective Compensation ” plan of the Workmen’s Compensation Law of the state of Hew Jersey, passed in 1911. ' The deceased, a resident and citizen of Sew York, was employed by the defendant in blew Jersey and, in such employ, was so injured that he afterwards died. The…
1Opinion of the CourtKelby, J.
The defendant argues that the Hew Jersey statute is contrary to the public policy of the state of Hew York, and asserts that our courts will not enforce a cause of action under a foreign statute when a similar Hew York statute has been held to be unconstitutional, as in Ives v. South Buffalo R. Co., 201 N. Y. 271.
The lex loci contractus, which may or may not be, in an accident case, the lex loci delicti, controls the rights of parties (Schweitzer v. H. A. P. A. Gesellschaft, 149 App. Div. 900), and where the right of action is transitory, as in the case at bar, it exists not only where it…
2Cases cited9 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Higgins v. Central New England & Western RailroadMassachusetts Supreme Judicial Court · 1892
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3Cited by2 opinions
- Consolidated Arizona Smelting Co. v. UjackArizona Supreme Court · 1914
- Pensabene v. F. & J. Auditore Co.Appellate Division of the Supreme Court of the State of New York · 1913