Ainsworth v. New York Central & Hudson River Railroad

Majority

p. 621

Effie M. Ainsworth, as Administratrix of the Estate of William I. Ainsworth, Deceased, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.

Headnote

Ainsworth v. N. Y. O. á H. R. R. R. Co., 151 App. Div. 332 , affirmed.

(Argued April 18, 1913;

decided May 23, 1913.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 5, 1912, reversing a judgment in favor of defendant 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, his employer.

p. 622

William L. Visscher for appellant.

Richard 0. Bassett for respondent.

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

Concur: Cullen, Ch. J., Werner, Cuddeback and Miller, JJ. Dissenting: Gray, Hiscock and Collin, JJ.