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Johnson v. Long Island Railroad

61 N.Y.S. 1139 Court N.Y. App. Div. Decision date 1899-10-17 English

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p. 1139
JOHNSON, Appellant, v. LONG ISLAND R. CO., Respondent.
(Supreme Court, Appellate Division, Second Department.
October 17, 1899.)

Headnote

Action by Eugene A. Johnson against the Long Island Railroad Company.

Motion to resettle order and certify questions granted, and questions certified, as follows: (1) Has the plaintiff in this action any legal capacity to sue? (2) Is there a defect of the parties plaintiff in this action, in that the members of the alleged Montauk tribe of Indians are not made parties plaintiff? (3) Does the complaint herein state facts sufficient to constitute a cause of action?