Hoffman v. Delaware & Hudson Co. — 205 N.Y. 532

Majority

p. 532

Frank C. Hoffman et al., as Administrators de Bonis Non of Joseph Hudson, Deceased, Appellants, v. The Delaware and Hudson Company, Respondent.

Headnote

Hudson v. Delaware & Hudson Company, 142 App. Div, .920, affirmed.

(Argued February 28, 1912;

decided March 19, 1912.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 10, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for

p. 533

the death of plaintiffs’ intestate alleged to have been occasioned through the negligence of defendant.

James A. Leary and Edgar T. Brackett for appellants.

Lewis C. Carr for respondent.

Judgment affirmed, with costs; no opinion.

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