Draper v. Interborough Rapid Transit Co. — 201 N.Y. 515

Majority

p. 515

Sarah A. Draper, as Administratrix of the Estate of Frederick Draper, Deceased, Respondent, v. Interborough Rapid Transit Company, Appellant, Impleaded with Others.

Headnote

Draper v. Interborough Rapid Transit Co., 137 App. Div. 905 , affirmed.

(Argued January 19, 1911;

decided February 7, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 23, 1910, which modified and affirmed as modified a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate, alleged to have been occasioned by the defendant’s negligence.

p. 516

Lemuel E. Quigg, Bayard IL. Ames, John Montgomery and James L. Quackenbush for appellant.

Roger Foster, James A. Allen and Willard S. Allen for respondent'.

Judgment' affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Gray, Haight, Werner, Willard Bartlett and Collin, JJ. Dissenting: Chase, J.