Friedel v. Coffin — 214 N.Y. 698

Majority

p. 698

Julius Friedel, as Administrator of the Estate of Martha Friedel, Deceased, Respondent, v. Euphemia S. Coffin et al., Appellants.

(Argued March 17, 1915;

decided April 13, 1915.)

Headnote

Frieclel v. Coffin, 155 App. Div. 559 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 18, 1913, reversing a judgment in favor of defendants 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 plaintiff’s intestate, a child between four and five years of age, alleged to have been occasioned through the defendants’ negligence in failing to properly guard a certain areaway in front of premises of which one defendant was owner and the other lessee.

William A. Jones, Jr., for Euphemia S. Coffin, appellant.

James J. Mahoney and F. Wright Moxley for Philip Wagner, appellant.

J. Franklin Tausch for respondent.

Order affirmed and judgment absolute ordered against appellants on the stipulation, with costs in all courts.

Concur: Willard Bartlett, Ch. J., Chase, Collin, Cuddeback, Miller, Cardozo and Seabury, JJ.