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Pomeroy v. Hocking Valley Railway Co.

158 N.Y.S. 1128 Court N.Y. App. Div. Decision date 1916-04-14 English

Decision Majority — PER CURIAM. · Dissent — Clarke, P. J., and Davis, J.,

Contents
p. 1128
Daniel E. POMEROY et al., Respts., v. The HOCKING VALLEY RAILWAY CO., Applt.
(Supreme Court, Appellate Division, First Department.
April 14, 1916.)

Headnote

Appeal from Special Term, New York County. Action by Daniel E. Pomeroy and others against the Hocking Valley Railway Company. From an order denying motion to vacate service of summons and complaint, defendant appeals.
Affirmed.

Within the rule laid down in Washington-Virginia R. Co. v. Real Estate Trust Co., 238 U. S, 185 , 35 Sup. Ct. 818 , 59 L. Ed. 1262 , this company was doing business within the state of New York for the purpose of service within that state. The order is therefore affirmed, with $10 costs and disbursements.

dissenting, on the authority of Bagdon v. Philadelphia & Reading Coal & Iron Co. (Court of Appeals, March 14, 1916), 111 N.

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