Cottle v. County of Erie — 173 N.Y. 591

Majority

p. 591

Octavius O. Cottle et al., Appellants, v. The County of Erie et al., Respondents.

Headnote

Cottle v. County of Brie, 57 App, Div. 443 , affirmed.

(Argued December 10, 1902;

decided January 6, 1903.)

Appeal from an order of the'Appellate Division of the Supreme Court in the fourth judicial department, entered March 20, 1901, reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term and granting a new trial.

Edmund P. Cottle for appellants.

Percy S. Lansdowne, Harry N. Kraft, Charles Die bold, Jr., and John W. Fisher for respondents.

Order affirmed and judgment absolute ordered against plaintiffs on the stipulation, with costs in all courts, upon the ground that there was a question of fact in relation to occupancy and an error of law in relation to the method adopted by the plaintiff to prove occupancy ; no opinion.

Concur : Parker, Ch. J., Gray, Bartlett, Haight, Vann and Cullen, JJ. Dissenting: O’Brien, J.