Boyle v. Degnon-McLean Construction Co. — 163 N.Y. 591

Majority

p. 591

Bridget Boyle, as Administratrix of John Boyle, Deceased, Respondent, v. Degnon-McLean Construction Company, Appellant.

Headnote

Boyle v. Degnon-MoLean Gone. Go., 47 App. Div. 311 , appeal dismissed.

(Argued June 4, 1900 ;

decided June 12, 1900.)

Motion to- dismiss an appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 10, 1900, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial.

The motion was made upon the grounds that the only question presented by the record is whether there is evidence supporting or tending to sustain a verdict not directed by the

p. 592

court; that the Appellate Division has unanimously decided that there was such evidence, and that such decision is not reviewable by this court.

Edmund JD. Hennessy for motion.

George JR. Malloy, L. Sidney Garrere and Herlert O. Smyth opposed.

Motion granted and appeal dismissed, with costs.