Kiesow v. New Jersey & New York Railroad

No. 454 is the appeal proper, and No. 472 is a motion to dismiss the appeal. No. 454 was submitted without argument subject to the motion, and we have only the brief for appellant. The motion to dismiss was argued by both sides but briefed only by respondents.

The action arose out of an accident at a railway crossing, in which the infant plaintiff was injured, apparently slightly, as the verdict in his favor was for $125 and in favor of his father, who sued per quod, was for $29. While the expense of prosecuting the appeal even successfully must amount to considerably more than is needed to…