Messina v. United States Mortgage & Trust Co.

Majority

p. 515

Frank Messina, Appellant, v. The United States Mortgage and Trust Company, as Receiver of the Brooklyn Wharf and Warehouse Company, Respondent.

Headnote

Messina v. TT. 8. Mortgage <6 Trust Go., 113 App. Div. 914 , affirmed.

(Argued November 23, 1909;

decided December 7, 1909.)

Appeal .from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 8,1906, 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 by an employee to recover for personal injuries alleged to have been sustained through the master’s negligence.

William Adams Robinson for appellant.

Charles I. Oliver and Frederick E. Fishel for respondent.

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

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