Robinson v. New York Central & Hudson River Railroad

Majority

p. 627

Moncure Robinson, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.

Headnote

Robinson v. N. Y. C. & H. R. R. R. Co., 145 App. Div. 391 , affirmed.

(Argued November 22, 1911;

decided December 12, 1911.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 2, 1911, which affirmed an order of Special Term sustaining a demurrer to a partial defense in the answer in an action to recover for the

p. 628

alleged negligent loss of a trank and its contents delivered by the plaintiff to defendant for transportation as baggage.

The following question was certified: “Is the second and partial defense set up in the amended answer herein insufficient in law upon the face thereof as a partial defense to the cause of action set forth in the complaint ? ”

William Mann and Alexander S. Lyman for appellant.

Clifton P. Williamson and Phoenix Ingraham for respondent.

Order affirmed, with costs, on opinion of Miller, J., below. Question certified answered in the affirmative.

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