Walsh v. Fonda, Johnstown & Gloversville Railroad

Majority

p. 563

William Walsh, as Administrator of Mary Walsh, Deceased, Appellant, v. Fonda, Johnstown and Gloversville Railroad Company; Respondent.

Headnote

Walsh v. Fonda, J. & G. R. R. Co., 114 App. Div. 272 , affirmed.

(Argued January 23, 1907;

decided February 19, 1907.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department., entered July

p. 564

5, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for the death of plaintiff’s intestate alleged to have been caused by defendant’s negligence.

James W. Verbeck for appellant.

Charles S. Nisbet for respondent.

Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Willard Bartlett, Hiscock and Chase, JJ.