Moest v. City of Buffalo — 193 N.Y. 615

Majority

p. 615

John Moest et al., as Executors of Henry Moest, Deceased, Appellants, v. The City of Buffalo et al., Respondents.

Headnote

Moest v. Gity of Buffalo, 116 App. Div 657 , affirmed.

(Argued October 5, 1908;

decided October 20, 1908.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 28, 1906, which reversed a judgment in favor of plaintiffs 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 the death of plaintiffs’ intestate alleged to have occurred through the negligence of the defendants.

Walter F. Hofheins for appellants.

Nathaniel W. Norton and Louis E. Desbecker for respondents.

Order affirmed and judgment absolute ordered against appellants on the stipulation, with costs in all courts, on opinion below.

Concur; Cullen, Ch. J., Edward T. Bartlett, Haight, Werner, Willard Bartlett and Chase, JJ. Hot voting; Vann, J.