Ulmer v. Third Ave. Railroad — 52 N.Y.S. 1150

Majority

p. 1150

ULMER. Respondent, v. THIRD AVE. R. CO., Appellant.

(Supreme Court, Appellate Division, Second Department.

April 26, 1898.)

Headnote

Action by Margaret Ulmer, as administratrix, etc., against the Third Avenue Railroad Company.

No opinion. Order denying motion for new trial on newly-discovered evidence reversed, and new trial granted, upon appellant paying respondent, within 10 days, the. trial fee and dis

p. 1151

rsements of the trial, and one-half of the ext allowance granted by the court, in which se the appeal from the judgment is dismissed, thout costs, and the judgment vacated. _ If e defendant fails to make such payment with-the time aforesaid, then judgment and orders ipealed from affirmed, with costs.