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Smith v. Brooklyn Heights R.

81 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1903-03-06 English

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p. 1144
SMITH, Appellant, v. BROOKLYN HEIGHTS R. CO., Respondent.
(Supreme Court, Appellate Division, Second Department.
March 6, 1903.)

Headnote

Action by Charles K. Smith agáinst the Brooklyn Heights Railroad Company.

Motion for leave to continue action granted. The granting of this application, however, must not be construed as authorizing a continuance as to any cause of action set out in the complaint which has abated by reason of the death of the former plaintiff, and the order to be entered upon this decision will so provide.