General
Franziska Scholz, Respondent, v. The New York and Harlem Railroad Company et al., Appellants, Impleaded with Another
175 N.Y. 485·New York Court of Appeals·1903·NY
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Opinion
Franziska Scholz, Respondent, v. The New York and Harlem Railroad Company et al., Appellants, Impleaded with Another.
Scholz v. N. Y. & Harlem, R. R. Co., 67 App. Div. 620, reversed.
(Argued May 21, 1903;
decided June 2, 1903.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 22, 1902, modifying and affirming as modified a judgment in 'favor of plaintiff entered upon a decision of the court on trial at Special Term.
Ira A. Place and Thomas Emery for appellants.
James G. Bushby and Henry G. Atwater for respondent.
[MAJORITY]
Judgment reversed and complaint dismissed, without costs, on authority of Kriete v. N. Y. & H. R. R. Co. (175 N. Y. 484).
Concur: Parker, Oh. J., O’Brien, Haight, Martin, Cullen and Werner, JJ. Not sitting : Gray, J.