Torts · MBE-tested
James F. Brooks, as Administrator of the Estate of Sarah A. Brooks, Deceased, Respondent, v. The International Railway Company, Appellant
187 N.Y. 574·New York Court of Appeals·1907·NY
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Opinion
James F. Brooks, as Administrator of the Estate of Sarah A. Brooks, Deceased, Respondent, v. The International Railway Company, Appellant.
Brooks v. International Ry. Co., 112 App. Div. 555, affirmed.
(Argued February 1, 1907;
decided February 19, 1907.)
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 2, 1906, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial and granted a new "trial in an action to recover for the death of plaintiffs intestate alleged to have been caused by defendant’s negligence.
Porter Norton for appellant.
Eugene M. Bartlett for respondent.
[MAJORITY]
Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.
Concur: Cullen, Ch. J., Gray, Vann, Werner, Willard . Bartlett and Chase, JJ. Not voting: Haight, J.