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Mooney v. New York El. R. Co.

8 N.Y.S. 956 Court N.Y.C.P. Decision date 1890-01-15 English

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p. 956
Mooney, Respondent, v. New York El. R. Co., Appellant.
(Common Pleas of New York City and County, General Term.
January 15, 1890.)

Headnote

Appeal from special term.
Argued before Bookstaver, P. J., and Bischoff, J.
Davies & Rapallo, for appellant. Sackett & Bennett, for respondent.

The chief judge, before whom this case was tried, and to whom the requests to find should therefore have been properly submitted, having, upon all the papers presented upon this appeal, determined that the defendant’s requests objected to were not properly presented to him, and all the facts being within his knowledge at the time of such determination, we see no good reason for disturbing the order made by him. The order appealed from should therefore be affirmed, with costs.