Fasani v. New York Central & Hudson River Railroad

Majority

p. 515

Lorenzo Fasani, Appellant, v. The New York Central and Hudson River Railroad Company, Respondent.

Headnote

Fasani v. N. Y. C. & H. R. R. R. Co., 109 App. Div. 404 , affirmed.

(Argued October 30, 1907;

decided November 19, 1907.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 8, 1905, which reversed a judgment in favor of 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 caused through defendant’s negligence.

D. F. Bearle for appellant.

Charles T. Titus for respondent.

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

Concur: Cullen, Oh. J., O’Brien, Yann, Werner, Willard Bartlett and Chase, JJ. Not sitting: Gray, J.

Cases cited

Fasini v. New York Central & Hudson River Railroad 109 App. Div. 404 N.Y. App. Div. 1905-11-15 p. 515