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Rose v. Hawley

15 N.Y.S. 969 Court N.Y. Gen. Term Decision date 1891-07-02 English

Delivered by Dykman, J.

Contents

Majority

p. 969
Rose, Appellant, v. Hawley et al., Respondents.
(Supreme Court, General Term, Second Department.
July 2, 1891.)

Headnote

Appeal from special term, Westchester county.
Action by Levi P. Rose against David Hawley, the city of Yonkers, and others.
Argued before Dykman and Pratt, JJ.
James M. Hunt, for appellant. T. & S. H. Fitch and Joseph F. Daly, (Theodore Fitch, of counsel,) for respondents.

We cannot see that the statement of facts in the ninth paragraph of the complaint makes a new case. All decisions are based upon some reason, and frequently the difficulty which caused the defeat might liave been obviated, if suggested, but such oversight does not deprive the decision of finality; so we conclude that the decision of the court of appeals ( 23 N. E. Rep. 904 ) in the former action is conclusive, and that the judgment must be affirmed, with costs.