Ames v. Payne — 235 N.Y. 577

Majority

p. 577

Byron Ames, Respondent, v. John B. Payne, Director-General and Agent under Section 206 of the Transportation Act of 1920, Appellant.

Headnote

Appeal — order of Appellate Division reversing judgment entered upon verdict and granting new trial —• appeal therefrom dismissed.

Ames v. Payne, 199 App. Div. 944 , appeal dismissed.

(Argued March 1, 1923;

decided March 20, 1923.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 16, 1922, 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

p. 578

been sustained by plaintiff through the negligence of defendant, his employer.

Alexander S. Diven for appellant.

Mortimer L. Sullivan for respondent.

Appeal dismissed, with costs; no opinion. - •

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.