Judd v. Lake Shore & Michigan Southern Railway Co.

Majority

p. 622

Maybelle A. Judd, as Administratrix of the Estate of William J. Judd, Deceased, Respondent, v. The Lake Shore and Michigan Southern Railway Company, Appellant.

(Argued January 19, 1915;

decided February 2, 1915.)

Headnote

Judd v. Lake Shore & M. S. Ry. Co., 155 App. Div. 1 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 20, 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 the death of the plaintiff’s intestate alleged to have been occasioned through the negligence of the defendant, his employer.

Thomas D. Powell for appellant.

Frank A. Abbott 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, Chase, Cuddeback, Miller, Cardozo and Seabury, JJ.