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Cooper v. New York, Ontario & Western Railway Co.

84 N.Y.S. 1122 Court N.Y. App. Div. Decision date 1903-10-27 English

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p. 1122
COOPER, Appellant, v. NEW YORK, O. & W. RY. CO., Respondent.
(Supreme Court, Appellate Division, Fourth Department.
October 27, 1903.)

Headnote

Action by Emma Cooper, as administratrix, against the New York, Ontario & Western Railway Company.

Decision and order of reversal herein ( 82 N. Y. Supp. 98 ) amended so as to read, “Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of law and of fact,” upon condition, however, that the defendant have leave to discontinue its appeal to the Court of Appeals, without costs.

HISCOOK, J., dissents upon the ground that the decision of reversal by this court was based upon questions of law only. STOVER, J., not voting.