Smith v. Village of Larchmont — 224 N.Y. 648

Majority

p. 648

Mabel W. Smith, Respondent, v. Village of Larchmont, Appellant.

Headnote

Smith v. Village of Larchmont, 172 App. Div. 885 , affirmed.

(Argued October 16, 1918;

decided November 1, 1918.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 17, 1915, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant in failing to keep one of its highways in proper repair. The action was originally brought against the present defendant and the Westchester Street Railroad Company and it appeared that plaintiff had accepted a sum of money from the railroad company in settlement. The defendant contended that such settlement operated as a release-and established a complete defense for the village.

p. 649

Clarence De Witt Rogers for appellant.

John J. Hughes for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Card ozo, Pound and McLaughlin, JJ. Absent: Andrews, J.