Torto, Admx. v. N.Y. Cent. Rd. Co.

The only matter now before this court is a motion to dismiss the appeal for the reason that the notice of appeal was not filed “within the time allowed by law.”

Prom the record it appears that the cause, one for damages, had an unusual procedural history. A trial to a jury was had. At the close of all of the evidence, defendant’s motion for a directed verdict was overruled, the jury was charged and it deliberated, but, being unable to agree, it was discharged September 15,1939. September 16th, the court, of its own motion, entered the following order:

“Coming now to pass on defendant’s motion,…