← Cases

McConnell v. Morse Iron Works & Dry Dock Co.

96 N.Y.S. 1134 Court N.Y. App. Div. Decision date 1905-12-29 English

Contents

Majority

p. 1134
(110 App. Div. 920)
McCONNELL, Appellant, v. MORSE IRON WORKS & DRY DOCK CO., Respondent.
(Supreme Cojort, Appellate Division, Second Department.
December 29, 1905.)

Headnote

Action by Sarah McConnell, as administratrix, etc., of Matthew McConnell, deceased, against the Morse Iron Works & Dry Dock Company.

The discussion on the re-argument has not convinced us that this case is controlled by Schapp v. Bloomer, 181 N. Y. 125 , 73 N. E. 563 . We therefore adhere to our former decision, reported in 102 App. Div. 324 , 92 N. Y. Supp. 477 . Judgment and order reversed, and new "trial granted, costs to abide the event.

Cases cited