Emery v. Rochester Telephone Corp.

246 A.D. 787 Court N.Y. App. Div. English

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p. 787

Lewis E. Emery, as Limited Administrator, etc., of Kathleen Emery, Deceased, Respondent, v. The Rochester Telephone Corporation, Appellant.

Order affirmed, with ten dollars costs and disbursements. All concur. (The order strikes out the second affirmative defense in the answer in an action to recover for death of plaintiff’s intestate caused by delay in furnishing telephone service.) Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.