Majority
p. 561Charles Pluckham, Respondent, v. American Bridge Company, Appellant. (Argued October 15, 1906; decided November 13, 1906.)
Headnote
Pluckham v. American Bridge Co. 104 App. Div. 404 , affirmed.Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 18, 1905, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial and granted a new trial in an action to recover for personal injuries alleged to have been sustained through defendant’s negligence.
Frank Verner Johnson for appellant.
Charles Caldwell for respondent.
■ Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.
Concur: Cullen, Ch. J., Haight, Yann, Werner, Willard Bartlett and Hiscock, JJ. Absent: Gray, J.