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Tyndall v. New York Central & Hudson River Railroad

211 N.Y. 533 Court N.Y. Decision date 1914-04-21 English

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p. 533
Mary A. Tyndall, as Administratrix of the Estate of James J. Tyndall, Deceased, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.

Headnote

Reported below, 163 App. Div. —.
(Argued April 13, 1914;
decided April 21, 1914.)
Motion to dismiss an appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 5, 1914,
p. 534
affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant, his employer.
The motion was made upon the ground that the excep. tions were frivolous and presented no -question of law which the Court of Appeals could review.
John T. Norton for motion.
William L. Visscher opposed.

Motion denied, with ten dollars costs.