Provoost v. International Railway Co. — 208 N.Y. 611

Majority

p. 611

John M. Provoost, as Ancillary Administrator with the Will Annexed of John C. Cautley, Deceased, Respondent, v. International Railway Company et al., Appellants.

Headnote

Provoost v. International Pailway Co., 151 App. Div. 240 . affirmed.

(Argued April 28, 1913;

decided May 13, 1913.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 3, 1912, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term, and granting a new trial in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant.

Dana L. Spring for appellants.

Vernon Cole for respondent.

Order affirmed and judgment absolute ordered against appellants on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Werner, Willard Bartlett, Chase and Hogan, JJ. Dissenting: Hiscock and Collin, JJ.

Cases cited

Provoost v. International Street Railway Co. 151 App. Div. 240 N.Y. App. Div. 1912-05-01 p. 611