The Phœnix Bridge Company, Respondent, v. Daniel J. Creem et al., Appellants

The Phœnix Bridge Company, Respondent, v. Daniel J. Creem et al., Appellants. Phoenix Bridge Co. v. Creem, 102 App. Div. 354, affirmed. (Argued May 16, 1906; decided June 5, 1906.) Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered •March 31, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover the expense of defending an action brought against the plaintiff, and the amount of a judgment paid in settlement thereof, which judgment was recovered for personal injuries occasioned by defendants’ negligence in the performace of certain work sub-contracted to the defendants by plaintiff. Robert H. Wilson for appellants. Henry Galbraith Ward and George M. Clarke for respondent. [MAJORITY] Judgment affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Edward T. Bartlett, Haight and Hiscock, JJ. Dissenting: Chase, J. Absent: Gray and O’Brien, JJ;