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Fedjowski v. President of Delaware & H. Canal Co.

64 N.Y.S. 1135 Court N.Y. App. Div. Decision date 1900-05-15 English

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p. 1135
FEDJOWSKI, Respondent, v. PRESIDENT, Etc., OF DELAWARE & H. CANAL CO., Appellants.
(Supreme Court, Appellate Division, Third Department.
May 15, 1900.)

Headnote

Action by Apoionia Fedjowski, as administratrix of Wincenty Fedjowski. deceased, against the president, managers, and company of the Delaware & Hudson Canal Company.

The appeal, so far as it is an appeal from the order of the appellate division affirming the order granting a new trial herein, is dismissed, on the ground that no appeal lies to this court therefrom. The judgment appealed from is affirmed, with costs. All the questions raised by the appeal from said judgment have been determined adversely to the appellant upon the appeal from the order granting a new trial herein, and such determination is res adjudicata upon this appeal.

KELLOGG, J., dissents from the affirmance of the judgment.