Torts · MBE-tested
Thomas E. Burke, as Administrator of the Estate of Johanna Burke, Deceased, Appellant, v. The New York Central and Hudson River Railroad Company, Respondent
192 N.Y. 558·New York Court of Appeals·1908·NY
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Opinion
Thomas E. Burke, as Administrator of the Estate of Johanna Burke, Deceased, Appellant, v. The New York Central and Hudson River Railroad Company, Respondent.
Burke v. N. Y. C. & H. R. R. R. Co., 111 App. Div. 915, affirmed.
(Argued April 21, 1908;
decided May 19, 1908.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 16, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for the deatli of plaintiff’s intestate alleged to have been caused by defendant’s negligence.
M. A. Schenck and Clarence C. Ferris for appellant.
Robert A. Kutschbock and Charles C. Paulding for respondent.
[MAJORITY]
Judgment affirmed, with costs ; no opinion.
Concur: Cullen, Ch. J., Gray, Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ.