Majority
p. 597Michael Glennon, as Administrator de Bonis Non of the Estate of John Glennon, Deceased, Respondent, v. The Star Company, Appellant. (Argued January 18, 1910; decided February 8, 1910.)
Headnote
Glennon v. Star Company, 130 App. Div. 491 , affirmed.Appeal from an order of the Appellate Division of the Supreme Court in the tirst judicial department, entered February 11,1909, 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 the death of plaintiff’s intestate, alleged to have been occasioned by the negligence of defendant, his employer.
Frank Verner Johnson for appellant.
Herbert C. Smyth, Louis S. Levy and David Haar 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, Willard Bartlett and Chase, JJ.