Crystal v. Troy & Boston Railroad — 51 N.Y. St. Rep. 938

Majority

p. 938

James Walter Crystal, an Infant, by John W. Kennedy, his Guardian ad litem, App’lt, v. The Troy & Boston Railroad Company, Resp’t.

Headnote

Appeal from a judgment of nonsuit.

p. 939

E. L. Cole (R. A. Parmenter, of counsel), for app’lt; T. F. Hamilton, for resp’t.

This case has been twice to the court of appeals, 105 N. Y., 164 ; 6 St. Rep., 833 ; 134 N. Y., 519 ; 86 St. Rep., 699 , and is now for the third time before this court.

While some additional evidence was given on the part of the plaintiff upon the last trial, still I do not see that the facts are substantially different from what they were when the case was last before the court of appeals, leaving no substantial difference in the facts that will relieve the case from the objections made to a recovery in the opinion of Mr. Justice Parker in the court of appeals. There is no occasion for an opinion.

The judgment should be affirmed, with costs.

Mayham, P. J., and Putnam, J., concur.