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Casey v. Davis & Furber Machine Co.

200 N.Y. 554 Court N.Y. Decision date 1910-12-16 English

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p. 554
John J. Casey, as Administrator of the Estate of Anna L. Casey, Deceased, Appellant, v. The Davis & Furber Machine Company, Respondent.

Headnote

Casey v. Davis & Furber Machine Co., 138 App. Div. 396 , appeal withdrawn.
(Submitted December 12, 1910;
decided December 16, 1910.)
Motion for leave to withdraw appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 16, 1910, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for
p. 555
personal injuries alleged to have been sustainéd through defendant’s negligence.
The motion was made upon the ground that the order of reversal was silent as to whether it was based upon the law or the facts.
Clarence Z. Spriggs for motion.
No one opposed.

Motion granted on payment, within twenty days, of costs up to date, and ten dollars costs of motion. Upon failure to make such payment the motion is denied, with ten dollars costs.