Keep v. Walsh — 164 N.Y. 604

Majority

p. 604

Charles H. Keep et al., Individually and as Executors of Roger W. Keep, Deceased, Respondents, v. Maurice G. Walsh et al., Appellants.

Headnote

Keep v. Walsh, 33 App. Div. 643 , affirmed.

(Submitted October 31, 1900;

decided November 16, 1900.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme-Court in the fourth judicial department, entered October 24,1898, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court.

The questions certified were as follows: '

1. Upon the undisputed facts in this case, are the plaintiffs entitled to recover against the defendants ?

2. The facts in this case being undisputed, are the defendants liable for the acts of their servant, Conniff, who caused the injury to plaintiffs’ property for which the judgment herein was recovered ?

3. Should the judgment herein be reversed, with costs in all the courts ?

p. 605

P. F. King for appellants.

F. J. Taylor for respondents.

Judgmerit affirmed, with costs, the first two questions certified answered in the affirmative, the third in the negative; no opinion.

Concur: Parker, Oh. J., Gray, O’Brien, Haight, LanDon, Cullen and Werner, JJ.