Torts · MBE-tested
Margaret E. McAuley, as Administratrix of the Estate of Hugh McAuley, Deceased, Appellant, v. The New York Central and Hudson River Railroad Company, Respondent
188 N.Y. 554·New York Court of Appeals·1907·NY
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Opinion
Margaret E. McAuley, as Administratrix of the Estate of Hugh McAuley, Deceased, Appellant, v. The New York Central and Hudson River Railroad Company, Respondent.
(Argued February 22, 1907;
decided March 12, 1907.)
McAuley v. N. Y. C. & H. R. R. R. Co., 112 App. Div. 906, affirmed.
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial . dejiartment, entered March 10,1906, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial in an action to recover for the death of plaintiff’s intestate alleged to have been caused by the defendant’s negligence.
Andrew J. Nellis for appellant.
William P. Rudd for respondent.
[MAJORITY]
Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.
Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Yann and Werner, JJ. Not sitting: Gray and Chase, JJ.