Barker v. Penn Bridge Co. — 205 N.Y. 536

Majority

p. 536

Samuel O. Barker, as Administrator of the Estate of Howard O. Barker, Deceased, Appellant, v. Penn Bridge Company, Respondent.

Headnote

Barker v. Penn Bridge Company, 143 App. Div. 971 , affirmed.

(Argued March 1, 1912;

decided March 19, 1912.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department,

p. 537

entered March 27, 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 the death of plaintiff’s intestate, alleged to have been occasioned by the negligence of defendant, his employer.

Erskine C. Rogers for appellant.

Edward M. Angelí for respondent.

Judgment affirmed, with costs, on the ground that there is no evidence of negligence of the defendant; no opinion.

Concur: Culler, Oh. J., Cray, Haight, Werrer, Willard Bartlett, Chase and Collir, JJ.