Rose T. O'Flaherty, Respondent, v. Nassau Electric Railroad Company, Appellant

Rose T. O’Flaherty, Respondent, v. Nassau Electric Railroad Company, Appellant. (Submitted October 2, 1899; decided October 10, 1899.) Reported below, 34 App. Div. 74. Motion to prefer an appeal allowed by a judge of the Court of Appeals from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 23, 1899, unanimously 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 damages for a personal injury. The motion was made upon the ground that the appeal is entitled to a preference under subdivision 12, section 791, Code of Civil Procedure (Chap. 355, Laws of 1899). Thomas E. Pearsall for motion. [MAJORITY] No one opposed. Motion denied, without costs, on decision in Coxhead v. Johnson (160 N. Y. 369).