Majority
p. 579Louise Anson, as Administratrix of the Estate of Sherman Anson, Deceased, Appellant, v. Third Avenue Railways Company, Respondent, Impleaded with Another. (Submitted October 10, 1934; decided October 26, 1934.)
p. 580
John M. Wilson for appellant.
Alfred T. Davison and Addison B. Scoville for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Pound, Ch. J., O’Brien, Hubbs, Crouch and Loughran, JJ. Not voting: Lehman, J. Crane, J., concurs in result in the following memorandum: Although I adhere to my views as expressed in Berkey v. Third Avenue Ry. Co. ( 244 N. Y. 84 ), yet as this case has become the law, and the facts here are not dissimilar, I concur in the result.
Cases cited
- Berkey v. Third Avenue Railway Co. 244 N. Y. 84 p. 580