New Jersey Law Reports Volume 31

New Jersey Law Reports Volume 31

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 edition. Excerpt: which the suit is brought." Conflt. of Laws, 542. The same view of the law received judicial sanction in the following cases. Glen v. Hodges, 9 Johns. 67; Gardiner v. Thomas, 14 Johns. 134; Flower v. Allen, 5 Cow. 654; Smith v. Bull, 17 Wend. 324; Barrell v. Benjamin, 15 Mass. 3-54. And in this state, it is believed, the practice has accorded with the doctrine illustrated by the cases above cited. If the point had been considered as at all in doubt, it is highly improbable that it would have escaped the attention of the experienced counsel who acted for the defence, in the important case of The American Print Works v. Lawrence, 1 Zab. 248. The plaintiff is entitled to judgment on this demurrer. HAINES, J. The plaintiff was a passenger on the train of the defendants from Dunkirk to Port Jervis, in the state of New York; and alleges that he was injured by reason of the cars running off the track, through the carelessness of the defendants and their servants. For the injuries thereby sustained he has brought his action in this state. The defendants demur to the declaration and assign for causes of demurrer, in various forms, that the action is local and cannot be maintained in this state; but should have been brought in the state of New York, where the alleged carelessness occurred and the injury was done. For the decision of this case, we have only to recur to the well known and well settled rules of distinction between local and transitory actions. Local actions are such as require the venue to be laid in the county in which the cause of action arose. These embrace all actions in which the subject or thing sought to be recovered is in its nature local; such as real actions of waste, when brought to recover the place wasted, more

Product details

  • Paperback | 202 pages
  • 189 x 246 x 11mm | 372g
  • United States
  • English
  • black & white illustrations
  • 1236795598
  • 9781236795595