City of New York v. Bleecker Street & Fulton Ferry Railroad

Majority

p. 748

The City of New York, Respondent, v. Bleecker Street and Fulton Ferry Railroad Company et al., Appellants.

Headnote

City of New York v. Bleecker St. & Fulton Ferry R. R. Co., 163 App. Div. 948 , affirmed.

(Argued March 29, 1917;

decided April 24, 1917.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department,

p. 749

entered July 10, 1914, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover from the defendants the amount of a judgment it was obliged to pay to the estate of one Hausmann, who was killed by reason of the negligence of the defendants in failing to keep their railroad tracks in good order and repair. The answer put in issue the ownership and control to the tracks in question.

Henry J. Smith for appellants.

Lamar Hardy, Corporation Counsel (Terence Farley and William E. C. Mayer of counsel), for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Oh. J., Chase, Hogan, Cardozo, Round, McLaughlin and Andrews, JJ.