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Warn v. New York Central & Hudson River Railroad

Court of Appeals of the State of New York
Jun 22, 1900
57 N.E. 742 (N.Y. 1900)

Opinion

Submitted June 18, 1900

Decided June 22, 1900

Hiscock, Doheny, Williams Cowie for appellant.

Jenney Marshall for respondent.


This is not a unanimous affirmance. The cases of Harroun v. Brush El. Light Co. ( 152 N.Y. 212) and McDonnell v. N.Y.C. H.R.R.R. Co. ( 159 N.Y. 524) are not in conflict with this decision. In the former case, the record recited four justices as sitting, and they all concurred; in the latter case, all the justices composing the court heard the argument, but one of them died before it was decided. In this case one of the sitting justices did not vote, although he had the right to do so.

The motion should be denied, with ten dollars costs.

PARKER, Ch. J., O'BRIEN, BARTLETT, VANN, LANDON and CULLEN, JJ., concur.

Motion denied.


Summaries of

Warn v. New York Central & Hudson River Railroad

Court of Appeals of the State of New York
Jun 22, 1900
57 N.E. 742 (N.Y. 1900)
Case details for

Warn v. New York Central & Hudson River Railroad

Case Details

Full title:ELIAS WARN, Respondent, v . THE NEW YORK CENTRAL AND HUDSON RIVER RAILROAD…

Court:Court of Appeals of the State of New York

Date published: Jun 22, 1900

Citations

57 N.E. 742 (N.Y. 1900)
57 N.E. 742

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