Trieber v. New York & Queens County Railway Co.

Majority

p. 520

Sarah J. Trieber, as Executrix of William Trieber, Deceased, Respondent, v. The New York and Queens County Railway Company, Appellant.

Headnote

Trieber v. N. Y. & Queens County Ry. Co., 134 App. Div. 661 , affirmed.

(Argued January 23, 1911;

decided February 7, 1911.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered

p. 521

November 19, 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 defendant’s negligence.

JBayard H. Ames, John. Montgomery and James L. Quaekenbush for appellant. <

Aaron P. Jetmore and Samuel M. Gardenhire foi respondent.

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

Concur: Cullen, Ch. J., Gray, IIaight, Willard Bartlett, Hiscooic and Chase, JJ. Absent: Vann, J.