Nicholson v. Town of Stillwater — 129 N.Y.S. 1137

Majority

p. 1137

NICHOLSON, Respondent, v. TOWN OF STILLWATER, Appellant.

(Supreme Court, Appellate Division, Third Department.

May 3, 1911.)

Headnote

Action by Elizabeth M. Nicholson, as administratrix of William S. Nicholson, deceased, against the Town of Stillwater.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event; the court holding that the judgment is unauthorized both as matter of law and as matter of fact. See, also, 139 App. Div. 923 , 124 N. Y. Supp. 1123 .

BETTS, J., dissents.