Motzing v. Excelsior Brewing Co. — 186 N.Y. 577

Majority

p. 577

Karl Motzing, Respondent, v. The Excelsior Brewing Company, Appellant.

Headnote

Motzing v. Excelsior Brewing Co., 107 App. Div. 275 , affirmed.

.(Argued October 26, 1906;

decided November 13, 1906.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 27, 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 received through defendant’s negligence.

John V. Bonvier, Jr., and Franlc V. Johnson for appellant.

Herman Aaron and Loren H. Wood for respondent.

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

Concur: Cullen, Oh'. J., Edward T. Bartlett, Werner, Hiscock and Chase, JJ. Absent; Gray, J. Not sitting: Willard Bartlett, J.