Ward v. Montross — 141 N.Y.S. 1150

Majority

p. 1150

WARD v. MONTROSS et al.

(Supreme-Court, Appellate Division, Second Department.

May 16, 1913.)

Headnote

Action by Emily Ward against Ambrose C. Montross and Frank Hardy, co-partners, etc., and others.

Judgment modified, by providing that defendants be restrained and enjoined from operating a roller coaster maintained by them upon premises under their control at Rye Beach, in the village and town of Rye, after the hour of 7 o’clock, p. m., and, as so-modified, affirmed, without dosts of this appeal.

JENKS, P. J., votes to affirm the judgment, with costs.