Klinger v. United Traction Co. — 181 N.Y. 521

Majority

p. 521

Daniel Klinger, Jr., Respondent, v. United Traction Company and Schenectady Railway Company, Appellants.

Headnote

Klinger v. United Traction Co., 93 App. Div. 100 , modified.

(Argued March 2, 1905;

decided March 14, 1905.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 4, 1904, affirming a judgment in favor of plaintiff entered upon the report of a referee.

Patrick C. Dugan for United Traction Company, appellant.

Lewis .51 Carr and James O. Carr for Schenectady Railway Company, appellant.

Diehard O. Bassett for respondent.

Judgment as against appellant, the United Traction Company affirmed, with costs. Judgment as against appellant, the Schenectady Railway Company, reversed and complaint dismissed, without costs; no opinion.

Concur: Cullen, Oh. J., Gray, O’Brien, Bartlett, Haight, Vann and Werner, JJ.