Robinson v. Jewett — 46 N.Y. St. Rep. 41

Majority

p. 41

Charles Robinson, App’lt, v. Hugh J. Jewett, Receiver, Resp’t.

(Supreme Court, General Term, First Department,

Filed April 14, 1892.)

Headnote

Appeal from judgment dismissing complaint, entered on report of referee.

Henry L. Burnett and Edward B. Whitney, for app’lt; Joseph Larocque, for resp’t.

The questions presented in this .case are the .same as those presented in the case of Robinson v. The New York, Lake Erie & Western R. R. Co., decided herewith, and for the reasons .stated in the opinion in that case the judgment must be revérsed and a new trial ordered, with costs to appellant to abide the •event.

O’Brien, J., concurs; Van Brunt, P. J., concurs in result.