Swenson v. Wilson & Baillie Manufacturing Co.

Majority

p. 555

Peter E. Swenson, Respondent, v. The Wilson & Baillie Manufacturing Company, Appellant.

Headnote

Swenson v. Wilson & Baillie Mfg. Co., 102 App. Div. 477 , affirmed.

(Argued October 10, 1906;

decided October 26, 1906.)

Appeal from an order of the Appellate Division of the Supreme Court - in the second judicial department, entered

p. 556

March 24,1905, sustaining plaintiff’s exceptions to a dismissal of the complaint by the court at a Trial Term, which exceptions were ordered to be heard in the first instance by the Appellate Division, and granting a motion for a new trial in an action to recover for personal injuries alleged to have been received by the plaintiff through the negligence of his employer, the defendant.

Frank Yerner Johnson for appellant.

Conrad Saxe Keyes for respondent.

Order affirmed and judgment absolute ordered against the appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Oh. J., Edward T. Bartlett, Haight, Vann, Hiscook and Chase, JJ. Absent: Gray, J.