Torts · MBE-tested

Henry Heim, as Administrator of the Estate of Elizabeth Heim, Deceased, Respondent, v. Union Railway Company of New York City, Appellant

185 N.Y. 570·New York Court of Appeals·1906·NY

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Opinion

Henry Heim, as Administrator of the Estate of Elizabeth Heim, Deceased, Respondent, v. Union Railway Company of New York City, Appellant. Heim, v. Union Ry. Co. of New York City, 101 App. Div. 607, affirmed. (Argued May 9, 1906; decided May 25, 1906.) Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 13, 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 for the death of plaintiff’s intestate alleged to liavé been caused by defendant’s negligence. Herbert C. Smyth and Henry A. Robinson for appellant. Arnold C. Weil and Robert Weil for respondent. [MAJORITY] Judgment affirmed, with costs ; no opinion. Concur: Cullen, Ch. J., O’Brien, Haight, Vann, Werner and Hiscock. JJ. Not sitting: Willard Bartlett, J.