Ziems v. United Vaudeville Co. — 107 N.Y.S. 1151

Majority

p. 1151

ZIEMS, Appellant, v. UNITED VAUDEVILLE CO., Respondent.

(Supreme Court, Appellate Division, Fourth Department.

November 27, 1907.)

Headnote

Action by Marine Ziems against the United Vaudeville Company.

Interlocutory judgment reversed, with costs, and demurrer overruled, with costs, with leave to the defendant to plead over within 20 days upon payment of the costs of the demurrer and of this appeal. Held, that the complaint alleges facts constituting negligence on the part of the defendant.

McLennan, P. J., and ROBSON, J., dissent.