Hyperlawhypertext legal database Bean v. New York Edison Co. 94 N.Y.S. 1137

← Cases

Bean v. New York Edison Co.

94 N.Y.S. 1137 Court N.Y. App. Term Decision date 1905-05-23 English

Contents

Majority

p. 1137
BEAN v. NEW YORK EDISON CO.
(Supreme Court, Appellate Term.
May 23, 1905.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Eighth District. Action by Josephine Bean against the New York Edison Company. From a judgment in favor of plaintiff for less than claimed, both parties appeal. Reversed on defendant’s appeal. Plaintiff’s appeal dismissed.
De Lagnel Eerier, for plaintiff.
Beardsley & Hemmens, for defendant.

The judgment is reversed, on the authority of Storey v. Mayor, Aldermen, and Commonalty of the City of New York, 29 App. Div. 316 , 51 N. Y. Supp. 580 . and a new trial ordered, with costs to the defendant to abide the event. The reversal of the judgment on the appeal of the defendant renders it unnecessary to discuss the question raised by the plaintiff on her appeal. The complaint should have been dismissed at the close of the plaintiff’s case, and plaintiff, not being entitled to any judgment, cannot complain that the judgment is too small. The appeal of the plaintiff is dismissed, with costs.