Luce v. New York, Chicago & St. Louis Railroad

Majority

p. 541

Cora B. Luce, as Administratrix of the Estate of Walter M. Luce, Deceased, Appellant, v. New York, Chicago and St. Louis Railroad Company, Respondent.

Headnote

Appeal — order of Appellate Division reversing order denying motion to dismiss complaint and granting motion not appealable to Court of Appeals, no final judgment having been entered.

Luce v. N. Y., C. & St. L. R. R. Co., 213 App. Div. 374 , appeal dismissed.

(Argued October 16, 1925;

decided October 30, 1925.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 7, 1925, which reversed an order of Special Term denying a motion by defendant for a dismissal of the complaint and granted said motion.

Hamilton Ward for motion.

Evan Hollister opposed.

Appeal dismissed, with costs, on ground that order is not appealable, no final judgment having been entered; no opinion.

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