Catherine McCann, as Administratrix of Simon McCann, Deceased, Respondent, v. New York and Queens County Railway Company, Appellant

Catherine McCann, as Administratrix of Simon McCann, Deceased, Respondent, v. New York and Queens County Railway Company, Appellant. McCann v. N. Y. & Queens Co. Ry. Co. 73 App. Div. 305, appeal dismissed. (Argued October 6, 1902; decided October 7, 1902.) Motion to dismiss an appeal from a judgment entered upon an order of the Appellate Division of the Supreme Court in the first judicial department, made at the June term 1902, which reversed a judgment of the trial court setting aside a verdict and granting a new trial, and directed judgment upon the verdict. The motion was made upon the ground that the Court of Appeals had no jurisdiction to entertain the appeal. Michael P. <9’ Gomior for motion. William E. Stewa/rt opposed. [MAJORITY] Motion granted and appeal dismissed, with costs.