Griffith v. Southfield Beach Railroad

Judgment dismissing the complaint and order in so far as it dismisses the complaint reversed on the law; order in so far as it sets aside the verdicts affirmed and a new trial granted, costs to appellants to abide the event. The court had no power to dismiss the complaint after having denied a motion to dismiss it and after rendition of verdict. (Dougherty v. Salt, 227 N. Y. 200; Bail v. N. Y., N. H. & H. R. R. Co., 201 id. 355.) Young, Kapper, Hagarty and Scudder, JJ., concur; Lazansky, P. J., concurs for reversal of the judgment dismissing the complaint and of the order in so far as it…