Delaware, Lackawanna & Western Railroad v. Nevelle

Beasley, Chief Justice.

This was a ease tried before a jury in the Hudson Circuit Court, and a verdict having gone for the plaintiff, a rule to show cause why a new trial should not be granted was allowed, and was thereupon certified to the Supreme Court for its advisory opinion. The result of this procedure was, that the inferior court was advised to dismiss the rule, with costs.

From the judgment thus resulting, this writ of error has been brought.

The motion now to be disposed of, is to strike out all the assignments of error except the merely formal ones that apply to the record in its…