Riddock v. Brooklyn Heights Railroad — 92 N.Y.S. 1143

Majority

p. 1143

RIDDOCK, Respondent, v. BROOKLYN HEIGHTS R. CO., Appellant.

(Supreme Court, Appellate Division, Second Department.

March 3, 1905.)

Headnote

Action by Margaret Riddock against the Brooklyn Heights Railroad Company.

Judgment and order modified, by striking out the extra allowance of costs, on the ground of want of power in the Trial Term; and, as so modified, affirmed, without costs of this appeal.

HIRSCHBERG, P. J., dissents from that portion of the decision striking out the extra allowance, on the ground that the question was not raised in the trial court.