Boyle v. Robinson Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas Boyle, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 13th day of February, 1912, upon the dismissal of the complaint as to each of the defendants (excepting the defendant William Baumgarten, who was not served) at the close of plaintiff’s case by direction' of the court on a trial at the New York Trial Term.
1Opinion of the Court
Ingraham, P. J. J.:
For the reasons stated by Mr. Justice Laughlin in his opinion, we agree that the judgment as against the Andrew J. Robinson Company and the Stanley Hod Elevator Company should be reversed, and a new trial ordered, with costs to appellant to abide the event.
As to the defendants Baumgarten, the judgment is affirmed . upon the authority of BohnhoffY, Fischer (149 App. Div. 747).
McLaughlin and Miller, JJ., concurred; Laughlin and Dowling, JJ., dissented.
2Cases cited1 opinion
- Bohnhoff v. FischerAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by3 opinions
- Lester v. GrahamAppellate Division of the Supreme Court of the State of New York · 1913
- Galbally v. StraussAppellate Division of the Supreme Court of the State of New York · 1913
- Campbell v. McNulty Bros.Appellate Division of the Supreme Court of the State of New York · 1914