Ernest E. Peterson, Respondent, v. Ocean Electric Railway Company, Appellant

Ernest E. Peterson, Respondent, v. Ocean Electric Railway Company, Appellant. First Department, March 6, 1914. See head note in Peterson v. Ocean Electric B. Co. (ante, p. 720). Appeal by the defendant, Ocean Electric Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of April, 1913, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 16th day of May, 1913, denying defendant’s motion for a new trial made upon the minutes. William C. Beecher, for the appellant. Louis Steckler, for the respondent. [MAJORITY — Per Curiam:] Per Curiam: For the reason stated in Peterson v. Ocean Electric R. Co. (161 App. Div. 720), decided herewith, the judgment and order appealed from are reversed and the complaint dismissed, with costs in all courts to the defendant. Present—Ingraham, P. J., Laughlin, Clarke, Scott and Hotchkiss, JJ.; Laughlin, J., dissented from dismissal of complaint and voted for a new trial. Judgment and order reversed, with costs, and complaint dismissed, with costs. Order to be settled on notice.