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Davis v. Cross

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1924
211 App. Div. 808 (N.Y. App. Div. 1924)

Opinion

November, 1924.


That part of the order which denies plaintiff's motion to strike out the defense consisting of new matter, and contained in the amended answer, reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The defense may not be interposed in an action brought by plaintiff in the capacity of Director-General, operating the Baltimore and Ohio Railroad, as final carrier of the shipment in question, which in substance alleges negligence on the part of the plaintiff operating the New York Central, Wallkill Valley or Erie Railroad, as initial carriers of the shipment. ( Davis v. Donovan, 265 U.S. 257; Granquist v. Duluth, M. Northern Ry. Co., 155 Minn. 217.) Kelly, P.J., Rich, Jaycox, Manning and Young, JJ., concur.


Summaries of

Davis v. Cross

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1924
211 App. Div. 808 (N.Y. App. Div. 1924)
Case details for

Davis v. Cross

Case Details

Full title:JAMES C. DAVIS, Director-General of Railroads (Baltimore and Ohio…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 1, 1924

Citations

211 App. Div. 808 (N.Y. App. Div. 1924)

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