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Ferm v. New York, O. & W. Ry. Co.

98 N.Y.S. 1102 Court N.Y. App. Div. Decision date 1906-04-20 English

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Majority

p. 1102
FERM, Appellant, v. NEW YORK, O. & W. RY. CO., Respondent.
(Supreme Court, Appellate Division, Second Department.
April 20, 1906.)

Headnote

Action by Anna C. Ferm against the New York, Ontario & Western Railway Company.

No opinion. The defendant’s motion to change the place of trial for the convenience of witnesses should have been denied for laches, because of the unexplained delay of 13 months after joinder of issue. Order reversed, with $10 costs and disbursements, and motion denied, with costs.