CITIZENS UTILS. v. AMER. LOCOMOTIVE


11 N.Y.2d 409 (1962)

Citizens Utilities Company, Appellant, v. American Locomotive Company, Respondent.

Court of Appeals of the State of New York.

Decided July 6, 1962.


Attorney(s) appearing for the Case

Cornelius W. Wickersham, Jr., Thomas J. Kiernan and Donald J. Miller for appellant.

William R. Meagher, Frederick A. O. Schwarz and Donald T. Fox for respondent.

Opinion by Chief Judge DESMOND in which Judges DYE and VAN VOORHIS concur; Judge FROESSEL concurs in a separate opinion in which Chief Judge DESMOND and Judges DYE and VAN VOORHIS concur; Judge FULD dissents in part and votes to reverse so much of the judgment as dismisses the ninth cause of action in an opinion in which Judges BURKE and FOSTER concur.


Chief Judge DESMOND.

As this appeal comes to us we must determine the correctness of decisions below which dismissed on the pleadings causes of action numbered 1, 2, 4, 7 and 8 and granted summary judgment in favor of defendant on a Statute of Limitations ground as to cause of action numbered 9. All of these counts except number 9 derive from the manufacture and sale by defendant for and to plaintiff under a...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases