Stack v. Village of Phelps

118 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1909-07-06 English

Decision Majority — PER CIJRIAM. · Dissent — McLFINNAN, P. J.,

Contents

p. 1144

STACK, Respondent, v. VILLAGE OF PHELPS, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

July 6, 1909.)

Headnote

Action by Cathryne Stack against the V~1lage of Phelps.

Judgment and order affirmed, with costs.

dissents, upon the ground that the plaintiff failed to establish actionable ~egIigence on the part of the defendant. ROBSON. J., not voting.