Summary
In Fischer v. Wabash Railway Co. (235 N.Y. 568), decided with the Weil case, where some additional questions were presented, the decision in the Weil case was followed and we also held that a motion made by plaintiff for leave to substitute James C. Davis, director-general of railroads, as defendant in place of the defendant carrier and to amend the summons, complaint and proceedings so as to set forth as defendant James C. Davis, director-general of railroads, and to serve an amended summons and complaint should not be granted.
Summary of this case from Lawrey v. HinesOpinion
Argued February 27, 1923
Decided March 20, 1923
Frederick Zorn for appellant.
H. Bruce Campbell, Winslow S. Pierce and Lawrence Greer for Wabash Railway Company, respondent.
F. Earl Walter, W.S. Jenney and Douglas Swift for Delaware, Lackawanna and Western Railroad Company, respondent.
Order affirmed, with costs; first, third, fourth and fifth questions certified answered in the negative; second question not answered; no opinion.
Concur: HISCOCK, Ch. J., HOGAN, CARDOZO, POUND and ANDREWS, JJ. Dissenting: CRANE, J. Taking no part: McLAUGHLIN, J.