Majority
p. 1127GURVITZ, Appellant, v. NEW YORK CITY RY. CO., Respondent. (Supreme Court, Appellate Term. April 10, 1907.)
Headnote
Appeal from Municipal Court, Borough of Manhattan, Thirteenth District. Action by Mendel Gurvitz against the New York City Railway Company. From an order setting aside a verdict recovered by plaintiff, he appeals. Return sent back to the files for such action, as counsel may advise. David Goldstein, for appellant. William E. Weaver, for respondent.The briefs in this case on both sides refer to an appeal from an order setting aside the verdict of a jury rendered in favor of the plaintiff, from which order it is an appeal was taken by the plaintiff. The record, however, contains no order, nor is there any notice of appeal by the plaintiff attached thereto. The return is therefore sent back to the files for such action as counsel may advise.