Majority
p. 1134(110 App. Div. 920) McCONNELL, Appellant, v. MORSE IRON WORKS & DRY DOCK CO., Respondent. (Supreme Cojort, Appellate Division, Second Department. December 29, 1905.)
Headnote
Action by Sarah McConnell, as administratrix, etc., of Matthew McConnell, deceased, against the Morse Iron Works & Dry Dock Company.The discussion on the re-argument has not convinced us that this case is controlled by Schapp v. Bloomer, 181 N. Y. 125 , 73 N. E. 563 . We therefore adhere to our former decision, reported in 102 App. Div. 324 , 92 N. Y. Supp. 477 . Judgment and order reversed, and new "trial granted, costs to abide the event.
Cases cited
- Schapp v. Bloomer 181 N. Y. 125 p. 1134