Reilly v. Simonson — 217 N.Y. 636

Majority

p. 636

Sarah T. Reilly, Appellant, v. Albert Simonson, Respondent.

Headnote

Reilly v. Simonson, 154 App. Div. 921 , appeal dismissed.

(Argued January 27, 1916;

decided February 4, 1916.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 16, 1913, reversing -a judgment in favor of plaintiff entered upon a verdict and granting a new trial ■ in an action to recover for personal injuries alleged to have been sustained by plaintiff while riding in a passenger elevator maintained by defendant and operated by

p. 637

his servant. The- question was as to whether the finding of negligence by the jury was supported by the evidence.

Harford T. Marshall for appellant.

Theodore H. Lord and Lyman A. Spalding for respondent.

The appellant presents for our consideration a doubtful and serious question which we are unable to determine, for the reason that the form of the order does not enable us to assume jurisdiction. (Caponigri v. Altieri, 164 N. Y. 476 ; Wright v. Smith, 209 N. Y. 249 .)

The appeal must be dismissed, with costs.

Willard Bartlett, Ch. J., Hiscock, Chase, Cuddeback, Hogan, Cardozo and Pound, JJ., concur.

Appeal dismissed.

Cases cited

Caponigri v. Altieri 164 N. Y. 476 N.Y. 1900-11-20 p. 637
Wright v. Smith 209 N. Y. 249 N.Y. 1913-10-21 p. 637