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Rich v. Manhattan Railway Co.

58 N.Y. St. Rep. 48 Court N.Y.C.P. Decision date 1894-03-07 English

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p. 48
Alexander Rich, Resp’t, v. The Manhattan Railway Company et al., App’lts.
(New York Common Pleas, General Term,
Filed March 7,1894.)

Headnote

Apfbal—Former decision.
Where the appeal from the final judgment, rendered in accordance with the decision upon appeal from the interlocutory judgment, presents no different state of facts and no new question of law, the judgment will be affirmed.
Leo G. Lessor (Leo G. Lessor and Edwin M. Felt, of counsel) for app’lts; Lavies & Rapallo (Julien T Lavies and Brainard Tolies, of counsel), for resp’t.

The law of the case is settled by the decision of the former general term upon the appeal from the interlocutory judgment in this action, Rich v. The Manhattan Railway Co., 19 N. Y. Supp. 543 ; 46 St. Rep., 673 ; and as this appeal from the final judgment, rendered in accordance with that decision, presents no different state of fact and no new question of law, the judgment will be affirmed.