Gallenkamp v. Garvin Machine Co. — 179 N.Y. 588

Majority

p. 588

Gustav Gallenkamp, Jr., by Simon Cahn, his Guardian ad Litem, Respondent, v. The Garvin Machine Company, Appellant.

Headnote

Gattenhimp v. Garvin Machine Go., 91 App. Div. 141 , reversed.

(Argued October 19, 1904;

decided November 15, 1904.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 13,1904, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granted a new trial.

Frcvnldin Pierce for appellant.

Alex. Rosenthal and Edmund Bittiner for respondent.

Order of Appellate Division reversed and judgment of Trial Term affirmed, with costs, on dissenting opinion of Ingraham, J., below.

Concur: Cullen, Ch. J., Gray, Haight, Martin, Vann and Werner, JJ. Not voting : Bartlett, J.

Cases cited

Gallenkamp v. Garvin Machine Co. 91 App. Div. 141 N.Y. App. Div. 1904-02-05 p. 588