Christ v. Third Avenue Railroad — 153 N.Y. 658

Majority

p. 658

Dorothea R. Christ, Respondent, v. The Third Avenue Railroad Company, Appellant.

Headnote

Christ v. Third Avenue R. R. Co., 14 App. Div. 629 , affirmed.

(Argued April 23, 1897;

decided June 8, 1897.)

Appeal, by certification, from an order of the Appellate ' Division of the Supreme Court in the first judicial department, entered February 25, 1897, which modified and, as so modified, affirmed an order made at Special Term granting an injunction against the defendant pendente lite.

William H. Page, Jr., Frcmcis M. Scott and William 0. Trull for appellant.

Flihu Foot, William F. Sheehan, David B. Hill and Samuel B. Olarhe for respondent.

This case involves the same questions and is decided upon the opinion in Beekman v. The Third Avenue Railroad Company ( 153 N. Y. 144 ). The order appealed

p. 659

from should be affirmed, with costs, and the questions certified are answered, the first, second, third, fourth and sixth in the negative, and the fifth in the affirmative.

All concur, except Martin, J., not sitting.

Order affirmed.

Cases cited

Beekman v. Third Avenue Railroad 153 N. Y. 144 N.Y. 1897-06-08 p. 658