Torts · MBE-tested
William Walsh, as Administrator of Mary Walsh, Deceased, Appellant, v. Fonda, Johnstown and Gloversville Railroad Company; Respondent
187 N.Y. 563·New York Court of Appeals·1907·NY
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Opinion
William Walsh, as Administrator of Mary Walsh, Deceased, Appellant, v. Fonda, Johnstown and Gloversville Railroad Company; Respondent.
Walsh v. Fonda, J. & G. R. R. Co., 114 App. Div. 272, affirmed.
(Argued January 23, 1907;
decided February 19, 1907.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department., entered July 5, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for the death of plaintiff’s intestate alleged to have been caused by defendant’s negligence.
James W. Verbeck for appellant.
Charles S. Nisbet for respondent.
[MAJORITY]
Judgment affirmed, with costs ; no opinion.
Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Willard Bartlett, Hiscock and Chase, JJ.