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Kate Johnston, Respondent, v. Phoenix Bridge Company, Appellant, Impleaded with Others, 1901 — 169 N.Y. 581 · caselaw · US
General
Kate Johnston, Respondent, v. Phoenix Bridge Company, Appellant, Impleaded with Others
169 N.Y. 581·New York Court of Appeals·1901·NY
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Opinion
Kate Johnston, Respondent, v. Phoenix Bridge Company, Appellant, Impleaded with Others.
Johnston v. Plmnix Bridge Co., 44 App. Div. 581, affirmed.
(Argued November 15, 1901;
decided December 20, 1901.)
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 23,1899, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial.
Charles G. Facial for appellant.
James G. Gropsey for respondent.
[MAJORITY]
Order affirmed and judgment absolute ordered for plaintiff on the stipulation, with costs, on authority of Deming v. Terminal Ry. Co. (169 N. Y. 1).
Concur: Parker, Ch. J., O’Brien, Bartlett, Haight, Martin, Vann and Landon, JJ.