Fortune v. Hall — 195 N.Y. 578

Majority

p. 578

Gabriel Fortune, by Mary Fortune, His Guardian ad Litem, Appellant, v. William H. Hall, Respondent.

Headnote

Fortune v. Sail, 122 App. Div. 250 , affirmed.

(Argued May 3, 1909;

decided May 18, 1909.)

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

p. 579

November 27, 1907, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action to recover for personal injuries alleged to have been sustained by an employee through the master’s negligence.

James C. Dola/n for appellant.

Howard R. Sturtevamt and C. Arthur Parker for respondent.

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

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