City of New York v. Brooklyn, Queens County & Suburban Railroad

Majority

p. 634

The City of New York, Respondent, v. Brooklyn, Queens County and Suburban Railroad Company, Appellant.

(Argued October 16, 1914;

decided November 10, 1914.)

Headnote

City of N. Y. v. Brookyn, Q. Co. & S. R. R. Co., 856 App. Div. 856 , affirmed.

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

p. 635

entered .Trine 12, 1913, affirming a judgment in favor of plaintiff entered upon an order of Special Term sustaining a demurrer to the answer in an action to recover the cost of paving between and for two feet outside of the tracks of the defendant.

Edward W. Hatch, Charles A. Collin, Charles L. Woody and George D. Yeomans for appellant.

Frank L. Polk, Corporation Counsel (Terence Farley of counsel), for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Collin, Hogan, Miller and Cardozo, JJ. Absent: Chase, J.