Storm v. New York & New England Railroad — 159 N.Y. 538

Majority

p. 538

Thomas I. Storm et al., as Trustees of School District No. 5 of the Town of East Fishkill, Respondents, v. The New York and New England Railroad Company, Appellant.

Headnote

Storm v. F. Y. & N. E. R. R. Co., 83 Hun, 86 , affirmed.

(Submitted April 21, 1899;

decided May 12, 1899.)

Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered January 15, 1895, upon an order modifying and, as modified, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.

p. 539

Walter C. Anthony, for appellant.

Ilackett & Williams for respondents.

Judgment and order affirmed, with costs, and ten per cent damages under subdivision 5, section 3251, Code of Civil Procedure ; no opinion.

All concur.