Pierson v. Towner — 266 N.Y. 653

Majority

p. 653

Katherine M. Pierson, as Administratrix of the Estate of Joseph W. Pierson, Deceased, Respondent, v. Neile F. Towner et al., as Receivers of United Traction Company, Appellants, Impleaded with Another.

(Argued March 1, 1935;

decided March 19, 1935.)

p. 654

J. Stanley Carter and Newton R. Cass for appellants.

John J. Scully for respondent.

Judgment of the Appellate Division reversed on the ground that there is not sufficient evidence to sustain the reinstatement of the verdict; and the order of the Trial Term setting aside the verdict affirmed, with costs in all courts to abide the event. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Finch, JJ. Not sitting: Loughran, J.