Kozak v. Erie Railroad — 202 N.Y. 534

Majority

p. 534

George Kozak, Respondent, v. The Erie Railroad Company, Appellant.

Headnote

Kozak v. Erie R. R. Co., 135 App. Div. 726 , affirmed.

(Argued April 7, 1911;

decided April 25, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 16, 1909, which reversed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and dismissing the complaint and directed the reinstatement of said verdict in an action to recover for personal injuries alleged to have been sustained by

p. 535

plaintiff through the negligence of defendant, his employer.

Charles A. Collin and Elbert N. Oakes for appellant.

John C. Robinson for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Cray, Werner, Willard Bartlett, Hisoock, Chase and Collin, JJ.