General

The Northern Elevator Company, Limited, Appellant, v. The Lehigh Valley Railroad Company, Respondent

182 N.Y. 512·New York Court of Appeals·1905·NY

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Opinion

The Northern Elevator Company, Limited, Appellant, v. The Lehigh Valley Railroad Company, Respondent. (Argued May 29,1905; decided June 6, 1905.) Reported below, 98 App. Div. 635. Motion to dismiss an appeal,from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 8, 1904, affirming a judgment in favor of defendant entered upon a verdict directed by the court and an order denying'a motion for a new trial. The motion was made upon the grounds that the judgment of affirmance by the Appellate Division was unanimous, the exceptions frivolous, and that the record presented no questions of law for review. James McCormick Mitchell for motion. J. Henry Metcalf opposed. [MAJORITY] Motion denied, with ten dollars costs.