Hart v. Delaware, L. & W. Railroad — 31 N.Y.S. 1128

Majority

p. 1128

HART, Respondent, v. DELAWARE, L. & W. R. CO., Appellant.

(Supreme Court, General Term, First Department.

January 18, 1895.)

Headnote

Action by Charles E. Hart against the Delaware, Lackawanna & Western Railroad Company.

W. Edwards, for appellant.

John H. Kitchen, for respondent.

Although I adhere to the opinion which I have expressed upon the previous appeals in this case ( 22 N. Y. Supp. 3 ; 27 N. Y. Supp. 767 ), that the evidence failed to disclose any negligence upon the part of the defendant justifying a recovery in this action, my associates having differed from me upon this question, this judgment must die affirmed. There does not seem to be any such ■difference in the presentation of the question of .•negligence upon this appeal as would call for a different ruling from that which obtained upon the previous appeals. The judgment and order appealed from must therefore be affirmed, with costs.