Torts · MBE-tested
Joseph W. Mathers, Respondent, v. Interurban Street Railway Company, Appellant
188 N.Y. 610·New York Court of Appeals·1907·NY
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Opinion
Joseph W. Mathers, Respondent, v. Interurban Street Railway Company, Appellant.
(Argued April 19, 1907;
decided May 7, 1907.)
Mathers v. Interurban Street Ry. Co., 112 App. Div. 397, reversed.
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial. department, entered April 20, 1906, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial and granted a new trial in an action to recover for personal injuries alleged to have been caused by defendant’s negligence.
Charles F. Brown, Bayard H. Ames, Anthony J. Ernest and Henry A. Bobinson for appellant.
Thomas J. O’Neill and Frank M. Hardenbrook for respondent.
[MAJORITY]
Order of Appellate Division reversed and judgment of Trial Term affirmed, with costs in both courts, on authority of Peed v. Metropolitan St. Py. Go. (180 N. Y. 315); no opinion.
Concur: Cullen, Ch. J., G-ray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscock, JJ.