Anglim v. American Construction & Trading Co.

Majority

p. 590

James B. Anglim, Appellant, v. American Construction and Trading Company, Respondent.

Headnote

Anglin v. American, Constr. & Tr. Co., 109 App. Div. 337 , affirmed.

(Argued November 16, 1906;

decided December 4, 1906.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 15, 1905, which reversed a judgment in favor of

p. 591

plaintiff entered upon a verdict 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.

J. N. Hammond for appellant.

William A. Sutherland for respondent.

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

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner and Willard Bartlett, JJ. Not sitting: Hiscook, J.