Marsh v. Town of Belfast — 214 N.Y. 617

Majority

p. 617

Lucy A. Marsh, Respondent, v. The Town of Belfast, Appellant.

(Argued January 15, 1915;

decided February 2, 1915.)

Headnote

Marsh v. Town of Belfast, 155 App. Div. 944 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 19, 1913, 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 personal injuries alleged to have been sustained by plaintiff through the negligence of the defendant in failing to guard an excavation contiguous to a highway.

M. B. Jewell for appellant.

D. D. Dickson for respondent.

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

Concur: Willard Bartlett, Ch. J., Hiscock, Collin, Cuddeback, Hogan, Cardozo and Seabury, JJ.