Ristau v. E. Frank Coe Co. — 193 N.Y. 630

Majority

p. 630

Edward Ristau, Respondent, v. E. Frank Coe Company, Appellant.

Headnote

Ristau v. Coe Company, 120 App. Div. 478 , affirmed.

(Submitted October 13, 1908;

decided November 10, 1908.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered

p. 631

June 7, 1907, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granted a new trial in an action to recover for personal injuries alleged to have been received through defendant’s negligence.

Henry M. Earle, Alden S. Crane and William A. Jones, Jr., for appellant.

Marlin S.Lynch for respondent.

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

Concur: Cullen, Ch. J., Cray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscook, JJ.