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Ferguson v. Buffalo, Rochester and Pitts. Rail

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 1, 1916
176 App. Div. 897 (N.Y. App. Div. 1916)

Opinion

December, 1916.


Order affirmed, with ten dollars costs and disbursements. All concurred, except Foote, J., who dissented, in a memorandum.


I dissent and vote for reversal of the orders. I think plaintiff's delay of over six years in bringing the case to trial is not sufficiently excused by her attorney's uncertainty as to whether her case was controlled by Federal or State laws. Public policy requires a speedy disposal of litigation, and there is no distinction in that respect in favor of actions for negligence. I think our decision in Tuttle v. Dubuque Fire Marine Ins. Co. ( 155 App. Div. 802) should be followed here.


Summaries of

Ferguson v. Buffalo, Rochester and Pitts. Rail

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 1, 1916
176 App. Div. 897 (N.Y. App. Div. 1916)
Case details for

Ferguson v. Buffalo, Rochester and Pitts. Rail

Case Details

Full title:MABEL L. FERGUSON as Administratrix, etc., Respondent, v . BUFFALO…

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

Date published: Dec 1, 1916

Citations

176 App. Div. 897 (N.Y. App. Div. 1916)