Willoughby v. Brotherhood of Locomotive Firemen & Enginemen

Majority

p. 551

Byron D. Willoughby, Respondent, v. The Brotherhood of Locomotive Firemen and Enginemen, Appellant.

Headnote

Willoughby v. Brotherhood of Locomotive Firemen & Fnginemen, 173 App. Div. 1001 , appeal dismissed. „

(Submitted October 2, 1916;

decided October 10, 1916.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth

p. 552

judicial department entered May 31, 1916, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover a death benefit.

The motion was made upon the ground that the Appellate Division unanimously decided that there was evidence sufficient to sustain the verdict and that the exceptions were frivolous.

Charles Newton for motion.

Ceorge J. Arnold opposed.

Motion granted and appeal dismissed, with costs and ten dollars costs of motion.