Harroun v. . Brush Electric Light Co.
New York Court of Appeals
This was a motion by the plaintiff to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 21, 1896. The facts, so far as material, are stated in the opinion. The appeal should be dismissed. (Code Civ. Pro. § 191, subd. 2; Const. of N. Y. art. 6, § 9.) There was a unanimous decision by a quorum of the Appellate Division in the fourth department, not by the Appellate Division.
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This was a motion by the plaintiff to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 21, 1896. The facts, so far as material, are stated in the opinion. The appeal should be dismissed. (Code Civ. Pro. § 191, subd. 2; Const. of N. Y. art. 6, § 9.) There was a unanimous decision by a quorum of the Appellate Division in the fourth department, not by the Appellate Division. (Kaplan v. N. Y. Biscuit Co., 151 N. Y. 171, 172; Const. of N. Y. art. 6, § 2; Code Civ. Pro. § 191, subd. 2.)
1Opinion of the CourtBartlett, J.
This is a motion made by the plaintiff to dismiss the appeal.
The action is to recover damages for the death of plaintiff’s intestate, resulting from injuries caused by the alleged negligence of defendant. The jury rendered a verdict for $5,000 in favor of plaintiff.
A motion for a new trial on the minutes was denied.
From the judgment upon the verdict and the order denying a new tidal an appeal was taken to the Appellate Division of the fourth department, which resulted in an affirmance.
The order of affirmance reads: “ Opinion by Follett, J.; Adams, J., not sitting. All concur, except Adams,…
2Cited by13 opinions
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- People v. . HelmerNew York Court of Appeals · 1898
- Wassermann v. Board of Regents of UniversityNew York Court of Appeals · 1962
- Wittleder v. Citizens' Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Green v. American Cast Iron Pipe Co.Supreme Court of Alabama · 1984
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