Majority
p. 555Hannah Cohen et al., Adm’rs, Resp’ts, v. The Mayor, etc., of New York, App’lt.[1] (Supreme Court, General Term, First Department, Filed December 29, 1890.)
Headnote
Appeal—Record.Where the record on appeal contains no valid exception, and no order denying a motion for a new trial, and no appeal from such an order, there is nothing presented for the appellate court to review.
Appeal from judgment entered upon the verdict of a jury.
The action was brought to recover damages for the injuries sustained by the next of kin of Pischel Cohen, plaintiff's intestate,
p. 556
by reason of his death, which is alleged to have been caused by defendant’s negligence.
John J. Delany, for appl’t; Francis B. Chedsey, for resp’ts.
This is the second time that this action has been before this court upon appeal. It has been to the court of appeals, where it was held upon the same state of facts established by the evidence in this case that the plaintiff was entitled to go to the jury upon the question of her right to recover.
The record contains no valid exception and no order denying a motion for a new trial and no appeal from such an order.
There is, consequently, nothing for this court to review, and the judgment appealed from must be affirmed, with costs.
Daniels and Brady, JJ., concur.