Jordan v. Erie Railroad — 198 N.Y. 561

Majority

p. 561

Charles H. Jordan, as Administrator of the Estate of Samuel J. Armstrong, Deceased, Appellant, v. Erie Railroad Company, Respondent.

Headnote

Jordan v. Brie Railroad, Go., 133 App. Div. 938 , affirmed.

(Argued March 16, 1910;

decided April 5, 1910.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered

p. 562

August 3, 1909, affirming'a judgment in favor of defendant entered upon a verdict directed by the court and an order denying a motion for a new trial in an action to recover for the death of plaintiffs intestate alleged to have been occasioned by defendant’s negligence.

Edward R. O'Malley for appellant.

William I. Marcy for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., IIaigi-it, Werner, IIiscock and Chase, JJ. Not voting: Willard Bartlett, J. Notsitting: Vann, J.