Lough v. Outerbridge — 145 N.Y. 601

Majority

p. 601

Ernest St. George Lough et al., Survivors, etc., Appellants, v. A. Emilius Outerbridge et al., Respondents.

(Argued June 20, 1894

; decided October 9, 1894;

re-argument ordered;

re-argued February 7, 1895;

decided February 26, 1895.)

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order

p. 602

made April 14, 1893, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term.

This case is reported on former argument, 143 N. Y. 271 ; on re-argument, 144 id. 642.

Treadwell Clevelcmd for appellants.

Wilhelmus Mynderse for respondents.

Agree to affirm on opinion by O’Brien, J., on original argument ( 143 N. Y. 271 ).

All concur, except Andrews, Ch. J., and Peckham, J., dissenting.

Judgment affirmed.