Malcom v. Manhattan Railway Co. — 133 N.Y. 664

Majority

p. 664

James F. Malcom, Respondent, v. The Manhattan Railway Company et al., Appellants.

(Argued May 2, 1892;

decided May 24, 1892.)

Headnote

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 16, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.

Sidney Smith for appellants.

Eseh Oowen for respondent

Agree to reverse and grant new trial on authority of Roberts v. Manhattan R. Co. ( 128 N. Y. 455 ); Doyle v. Same (Id. 488); Gray v. Same (Id. 499).

All concur, except Gray, J., not voting.

Judgment reversed.

Cases cited

Roberts v. New York Elevated Railroad 128 N. Y. 455 N.Y. 1891-10-20 p. 664