Majority
p. 1102CULLEN, Appellant, v. MAYOR, ETC., OF CITY OF NEW YORK, Respondent. (Supreme Court, Appellate Division, First Department. May Term, 1898.)
Headnote
Action by John Cullen against the mayor, aldermen, and commonalty of the city of New York.This action grew out of the same occurrence as the case of Carroll v. Mayor, etc., 29 App. Div. 420 , 51 N. Y. Supp. 620 . It involves precisely the same facts, was tried at the same time, and the considerations which have been stated in the case of Carroll v. Mayor, etc., require an affirmance as in that case.