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Constant v. University of Rochester

41 N.Y. St. Rep. 955 Court N.Y. Super. Ct. Decision date 1891-12-17 English

Contents

Majority

p. 955
Filed December 17, 1891.
Mary T. Constant et al., Ex’rs, Resp’ts, v. The University of Rochester, Impl’d, App’lt.

Headnote

Appeal from judgment rendered in favor of plaintiff.
Martin W. Cook, for app’lt; J. E. Parsons, for resp’ts.

We have examined the record in the light of the opinion of the court of appeals ( 111 N. Y., 604 ; 20 St. Rep., 211 ), and find that the defects in the proof on the former trial have been supphed and that the present record requires an affirmance. For these reasons and those expressed by the trial judge in his opinion, printed on pages 70 and 71 of the case, the judgment appealed from must be affirmed, with costs.