Torts · MBE-tested

Horace Hosley, Appellant, v. Niagara Falls Milling Company, Respondent

188 N.Y. 638·New York Court of Appeals·1907·NY

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Opinion

Horace Hosley, Appellant, v. Niagara Falls Milling Company, Respondent. (Argued May 8, 1907; decided May 28, 1907.) Hosley v. Niagara Falls Milling Co., 107 App. Div. 620, affirmed. Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 2, 1905, affirming a judgment- in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have been occasioned through defendant’s negligence. Forman D. Fish for appellant. Clinton B. Gibbs for respondent. [MAJORITY] Judgment affirmed, with costs ; no opinion. Concur: G-ray, O’Brien, Werner and Chase, JJ. Dissenting: Vann and Willard Bartlett, JJ. Absent: Cullen, Oh. J.