Majority
p. 509Patrick Connors, as Administrator of the Estate of William Connors, Deceased, Respondent, v. The Great Northern Elevator Company, Appellant. (Argued November 28, 1904; decided December 13, 1904.)
Headnote
Connors v. Great Northern Memtor Co., 90 App. Div. 811 , affirmed.Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 14, 1904, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial.
p. 510
Frank Gibbons and Harry A. Talbot for appellant.
Daniel J. Hanley for respondent.
Order affirmed and judgment absolute ordered for plaintiff .on the stipulation, with costs ; no opinion.
Concur: Cullen, Ch. J., O’Brien, Bartlett, Haight, Martin and Vann, JJ. Not voting: Gray, J.