Marx v. Ontario Beach Hotel & Amusement Co. — 211 N.Y. 512

Majority

p. 512

Frank Marx, Respondent, v. Ontario Beach Hotel and Amusement Company, Appellant.

Headnote

Marx v. Ontario Beach Hotel é Amusement Co., 153 App. "Div, 936, reversed.

(Argued March 26, 1914;

decided April 14, 1914.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 15,1912, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover damages arising from loss of services and companionship by reason of personal injuries sustained by plaintiff’s Wife through the alleged negligence of defendant.

William De Graff for appellant.

Arthur G. Dutcher for respondent.

Judgment- reversed and new trial granted, costs to abide event, on opinion in case of Marx v. Ontario Beach & Amusement Co. ( 211 N. Y. 33 ), decided herewith.

Concur: Willard Bartlett, Oh. J., Werner, Chase, Collin, Cuddeback and Hogan, JJ. Dissenting: Oardozo, J.

Cases cited

Marx v. Ontario Beach Hotel & Amusement Co. 211 N. Y. 33 N.Y. 1914-04-14 p. 512