Livingston v. Stafford — 184 N.Y. 536

Majority

p. 536

James C. Livingston et al., Respondents, v. DeWitt Stafford, as Commissioner of Highways of the Town of Stratford, et al., Appellants.

Headnote

Livingston v. Stafford, 99 App. Div. 108 , affirmed.

(Argued January 30, 1906;

decided February 16, 1906.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 17,1904, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury.

Frederick Collin for appellants.

Andrew J. Nellis and Robert F. Livingston for respondents.

Judgment affirmed, with costs, on the opinions of the Trial Term and Appellate Divison below.

Concur: Cullen, Ch. J., Ob ay, Edwabd T. Babtlett, Webnee and Hiscock, JJ. Dissenting: O’Brien, J. Not sitting: Chase, J.

Cases cited

Livingston v. Stafford 99 App. Div. 108 N.Y. App. Div. 1904-11-22 p. 536