General

Edwin W. Montgomery, Appellant, v. Buffalo Railway Company, Respondent

165 N.Y. 648·New York Court of Appeals·1901·NY

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Opinion

Edwin W. Montgomery, Appellant, v. Buffalo Railway Company, Respondent. (Argued January 7, 1901; decided January 22, 1901.) [MAJORITY] Motion to amend remittitur granted, and the Supreme Court of the fourth department is requested to return the remittitur to this court in this case. Upon its being returned, the same is ordered to be amended so as to contain a direction for judgment absolute in favor of the defendant and against the plaintiff, in pursuance of the latter’s stipulation to that effect, which was on file with the clerk of this court and a part of the record at the hearing of this appeal. (See 165 N. Y. 139.)