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Bond v. Brie Railroad

113 N.Y.S. 1126 Court N.Y. App. Div. Decision date 1908-12-11 English

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p. 1126
BOND v. BRIE R. CO.
(Supreme Court, Appellate Division, First Department.
December 11, 1908.)

Headnote

Appeal from Special Term. Action by Ida M. Bond against the Erie Railroad Company. From, an order allowing plaintiff to serve an amended complaint, defendant appeals. Blodified and affirmed. Ogden J. Blills, for appellant. George H. Mitchell, for respondent.

The, order appealed from should be modified, so that the second clause of said order should read: “Ordered that the cause retain- its place upon general calendar

p. 1127
No. 1 for the trial of issues of fact according to its old date of issue and without the necessity of a new note of issue.” As so modified, the order should he affirmed, with $10 costs and disbursements to the respondent.