General
James O'Beirne, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant
167 N.Y. 568·New York Court of Appeals·1901·NY
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Opinion
James O’Beirne, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.
(Submitted April 4, 1901;
decided May 14, 1901.)
O'Beirne v. N. Y. C. & H. R. R. R. Co., 37 App. Div. 547 affirmed.
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 7, 1899, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial.
Charles C. Paulding for appellant.
L. E. Warren and James F. O'Beirne for respondent.
[MAJORITY]
Order affirmed and judgment absolute ordered for plaintiff on the stipulation, with costs; no opinion.
Concur: Parker, Ch. J., O’Brien, Haight, Landon, Cullen and Werner, JJ. Not sitting: Gray, J.