Foerster v. Eilers — 204 N.Y. 631

Majority

p. 631

Francis Foerster, Appellant, v. Anton Eilers, Respondent.

(Argued January 16, 1912;

decided February 2, 1912.)

Headnote

Foerster v. Eilers, 140 App. Div. 893 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 7, 1910, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term in an action to restrain the obstruction of an alleged right of way.

p. 632

Benjamin Trapnell and Joseph A. Flannery for appellant.

William W. Gillen for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Cray, Haight, Vann, Werner, Hiscocic and Collin, JJ.