General

Edward F. Linton, Appellant, v. The Long Island Railroad Company, Respondent

183 N.Y. 559·New York Court of Appeals·1906·NY

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Opinion

Edward F. Linton, Appellant, v. The Long Island Railroad Company, Respondent. (Argued December 12, 1905; decided January 9, 1906.) Linton v. Long Island R. R. Co , 91 App. Div. 515, affirmed. Appeal from a judgment of the Appellate Division of the Supreme Court in the second-judicial department, entered March 12, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. R. Percy Chittenden for appellant. George W. Wingate and Joseph F. Keany for respondent. [MAJORITY] Judgment affirmed, with costs, on the ground that under the statute the plaintiff’s claim is against the fund provided by the municipality and not against the defendant. Concur: Cullen, Ch. J., Gray, O’Brien, Bartlett, Haight, Vann and Werner, JJ.