Linton v. Long Island Railroad — 183 N.Y. 559

Majority

p. 559

Edward F. Linton, Appellant, v. The Long Island Railroad Company, Respondent.

(Argued December 12, 1905;

decided January 9, 1906.)

Headnote

Linton v. Long Island R. R. Co , 91 App. Div. 515 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second-judicial department, entered March 12, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.

R. Percy Chittenden for appellant.

George W. Wingate and Joseph F. Keany for respondent.

Judgment affirmed, with costs, on the ground that under the statute the plaintiff’s claim is against the fund provided by the municipality and not against the defendant.

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