Rumsey v. New York & New England Railroad — 15 N.Y.S. 509

Majority

p. 509

Rumsey et al. v. New York & N. E. R. Co.

(Supreme Court, General Term, Second Department.

July 2, 1891.)

Headnote

Appeal—Decision—Second Appeal.

Where an appeal was taken to the court of appeals, the judgment reversed, and a new trial bad in conformity with the decision of the court of appeals, the case being substantially the same, the judgment entered therein will not be disturbed on a second appeal.

Appeal from special term, Dutchess county.

Action by Harriet S. Rumsey, Harriet M. Rumsey, and others against the New York & New England Railroad Company. From a judgment for plaintiffs, defendant appeals.

For former reports, see 4 N. Y. Supp. 293 ; 9 N. Y. Supp. 946 .

Argued before Dykman and Pratt, JJ.

W. C. Anthony, for appellant. H. H. Hustis, for respondents.

This is an appeal from a judgment in favor of the plaintiff upon the second trial of the cause. Upon the first trial the decision was in favor of the defendant, and that judgment was affirmed at the general term, but reversed by the court of appeals. 21 N. E. Rep. 1066 , 25 N. E. Rep. 1080 . The law being thus settled in favor of the plaintiff, the second trial was had in conformity with the decision of the court of appeals, and, the case presented being substantially the same, the judgment was rendered for the plaintiff. Upon the authority of the court of appeals, therefore, the judgment should be affirmed, with costs.