Civil Procedure · MBE-tested
Henry Dougherty, Respondent, v. John King et al., as Receivers of The New York, Lake Erie and Western Railroad Company, Appellants
165 N.Y. 657·New York Court of Appeals·1901·NY
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Opinion
Henry Dougherty, Respondent, v. John King et al., as Receivers of The New York, Lake Erie and Western Railroad Company, Appellants.
Dougherty v. King, 41 App. Div. 1, reversed.
(Argued January 22, 1901;
decided January 29, 1901.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 5, 1899, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial.
Henry Bacon for appellants.
John F. Anderson for respondent.
[MAJORITY]
Judgment reversed, new trial granted, costs to abidé event, on the decisions in Hoffman v. King (160 N. Y. 618) and Van Inweqen v. Port Jervis, M. & N. Y. R. R. Co. (165 N. Y. 625).
Concur: Parker, Ch. J., Gray, Bartlett,Martin,Vann, Cullen and Werner, JJ.