General

Walter R. Smith, Respondent, v. The City of Brooklyn, Appellant

158 N.Y. 703·New York Court of Appeals·1899·NY

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Opinion

Walter R. Smith, Respondent, v. The City of Brooklyn, Appellant. (Argued February 27, 1899; decided March 7, 1899.) Reported below, 32 App. Div. 257, Motion to dismiss an appeal from a judgment of the Appellate Division óf the Supreme Court in the second judicial department, entered July 20, 1898, affirming a judgment in favor of plaintiff entered upon a verdict. The motion was made upon the ground that the Court of Appeals has no-jurisdiction to entertain the appeal, as it appears that the verdict was not directed by the trial court, and that the Appellate Division has unanimously decided that the verdict is supported by evidence, and that the exceptions are frivolous. George Wallace for motion. Samuel K. Probasco opposed. [MAJORITY] Motion denied, with costs.