McCarthy v. R. G. Packard Co. — 182 N.Y. 555

Majority

p. 555

Katie McCarthy, as Administratrix of the Estate of Thomas McCarthy, Deceased, Respondent, v. R. G. Packard Company, Appellant.

(Argued October 2, 1905;

decided October 17, 1905.)

Headnote

McCarthy v. Packard Co., 105 App. Div. 436 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 20, 1905, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint..

The following question was certified : “ Does the complaint state facts sufficient to constitute a cause of action ? ”

p. 556

E. G. Benedict for appellant.

James McBrien and Frank M. Hardenbrook for respondent.

Judgment affirmed, with costs, on opinion below. Question certified answered in the affirmative.

Concur: Cullen, Ch. J., Gray, Bartlett, IIaigi-it, Vann and Werner, JJ. Absent: O’Brien, J.