Geoghegan v. Atlas Steamship Co.

The moving papers fail to show that any question presented by counsel and decisive of the case has been overlooked by the court. Rule 16. The complaint rather is that points are presented by the court which were overlooked by counsel. It is true that, through no neglect or inadvertence of counsel, however, attention was not directed to Gabrielson v. Waydell, 135 N. Y. 1, 31 N. E. 969, and Barrett v. Palmer, 135 N. Y. 336, 31 N. E. 1017; but the adjudication in neither of those cases is inconsistent with our decision. Barrett v. Palmer is altogether beside the question in controversy, and the…