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Barton v. Delaware, Lackawanna and Western Rd. Co.

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1926
218 App. Div. 748 (N.Y. App. Div. 1926)

Opinion

October, 1926.


Order denying motion to change place of trial reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. We think that the provisions of section 6 of the Federal Employers' Liability Act, providing the place of trial for actions brought under that act in a United States court, have no application to such actions when brought in the courts of this State, but that the provisions of the Civil Practice Act govern actions brought in the latter courts. Kelly, P.J., Jaycox, Manning, Young and Kapper, JJ., concur.

See 35 U.S. Stat. at Large, 66, chap. 149. § 6, as amd. by 36 id. 291, chap. 143, § 1. — [REP.

See Civ. Prac. Act, § 182 et seq. — [REP.


Summaries of

Barton v. Delaware, Lackawanna and Western Rd. Co.

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1926
218 App. Div. 748 (N.Y. App. Div. 1926)
Case details for

Barton v. Delaware, Lackawanna and Western Rd. Co.

Case Details

Full title:KATE BARTON, as Administratrix, etc., of GEORGE W. BARTON, Deceased…

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

Date published: Oct 1, 1926

Citations

218 App. Div. 748 (N.Y. App. Div. 1926)