Torts · MBE-tested
Mary Lomas, Respondent, v. New York City Railway Company, Appellant
188 N.Y. 628·New York Court of Appeals·1907·NY
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Opinion
Mary Lomas, Respondent, v. New York City Railway Company, Appellant.
(Argued April 30, 1907;
decided May 21, 1907.)
Lomas v. New York City Ry. Co., 111 App. Div. 332, affirmed.
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 2, 1906, 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 in an action to recover for personal injuries alleged to have been sustained through defendant’s negligence.
Charles F. Brown,-Bayard H. Ames, Anthony J. Frnest and James L. Quaolcenbush for appellant.
Herbert li. Bimbitrg 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., Yann, Werner, Willard Bartlett and Chase, JJ. Dissenting: Gray and O’Brien, JJ.