Potter v. Gilbert — 196 N.Y. 576

Majority

p. 576

Alma H. Potter, as Administratrix of the Estate of Alvin Potter, Deceased, Appellant, v. Charles P. H. Gilbert, Respondent.

Headnote

Potter v. Gilbert, 130 App. Div. 632 , affirmed.

(Argued November 15, 1909;

decided November 30, 1909.)

Appeal, by permission, from an' order of the Appellate Division of the Supreme Court in the’ first judicial depart

p. 577

ment, entered March 5,1909, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to the complaint in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned by the defendant’s negligence.

Leavitt J. Hunt and Robert McLeod Jackson for appellant.

William B. Ilornblower, W. W. Miller and J. Norris Miller for respondent.

Order affirmed, with costs, and question certified answered in the negative; no opinion.

Concur: Cullen, Ch. J., Geay, Edwaed T. Babtlett, Haight, Weenee, Willabd Babtlett and Chase, JJ.