General
William H. McCarthy, Respondent, v. The New York and Harlem Railroad Company et al., Appellants, Impleaded with Another
175 N.Y. 504·New York Court of Appeals·1903·NY
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Opinion
William H. McCarthy, Respondent, v. The New York and Harlem Railroad Company et al., Appellants, Impleaded with Another.
McCarthy v. N. Y. & Harlem R. R. Co., 74 App. Div. 629, reversed.
(Argued May 21, 1903;
decided June 9, 1903.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 6, 1902, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
Ira A. Place and Thomas Emery for appellants.
George C. Lay and William A. Keener for respondent.
[MAJORITY]
Judgment reversed and new trial granted, costs to abide event, on authority of Dolan v. N. Y. & Harlem Railroad Co., (175 N. Y. 367).
Concur: Parker, Ch. J., O’Brien, Haight, Martin, Cullen and Werner, JJ. Not sitting: Gray, J.