McConnell v. Morse Iron Works & Dry Dock Co.

Majority

p. 920

Sarah McConnell, as Administratrix, etc., of Matthew McConnell, Deceased, Appellant, v. Morse Iron Works and Dry Dock Company, Respondent.

The discussion on the reargument has not couvineed us- that this case 'is controlled by Schapp v. Bloomer ( 181 N. Y. 125 ). We, therefore, adhere to our former deci-' sion, reported in 102 Appellate Division, 324.— Judgment and "order reversed add' new trial granted, costs to abide the _event. Hirschberg, P. J., Woodward, ■Jenks, Rich and Miller, JJ., concurred.' . ,

Cases cited

Schapp v. Bloomer 181 N. Y. 125 N.Y. 1905-03-07 p. 920