Majority
p. 1134TRIPP, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 18, 1902.)
Headnote
Action by Merwin Tripp against the New York Central & Hudson River Railroad Company.Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs to abide event, upon condition that within 10 days after service of a copy of this order the defendant make and file with the clerk of Onondaga county the stipulation to pay transportation of plaintiffs witnesses in accordance with the tender recited in the order appealed from. Under the circumstances of this case, the trial should be had in the county wherein the cause of action arose.