New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-03-20
THE COURTS.
IN THE COURT OF APPEALS.
JUDGMENTS AFFIRMED AND RENERsEp-FOL
. LIST OF DECISIONS


JUDGMENTS AFFIRMED AND RENERsEp-FILL
LIST OF DECISIONS
Albany March ls-The Court of Apea!s to-day az
flrmed the judgment of the lower court III inc case
of Margaret Byrne against the Brooklyn city ana
Newtown Railroad Company, appellant This was
an appeal from the General Term Of the city Court
Of Brooklyn affirming judgment III FAVOR VI
plaintiff for s2.270 Action was brought TO recover
damages for the death Of plaintiff husband
caused by defendants alleged negligence. Deceased
was a passenger on one of the companys cars on
April 25 1892 and was thrown from the Platform
while the car motion. receiving injuries
from the effects OF which he died.
The Court reversed the judgment of the lower
court and granted a trial in the case OF
Richard keenan,. as administrator. against the
Brooklyn City Railroad Company. appellant. Ihs
was an appeal from the judgment of the General
Term Of the City Court of Brooklyn. affirming
Judgment of s5,55i damages and costs. entered on
the verdict of jury. Action was brought TO re-
cover damages for the killing of plaintiffs son.
lad between five and six years of age, by being
run over by one of the companys trolley cars on
the afternoon of May r. 1893.
The Court affirmed the judgment of the lower
court in the case of Maria L. Davis. as adminisra-
trix, against the New-York. Lake Erie and West
ern Railroad Company. appellant This was an APP
peal from the General Term. Second Department.
which affirmed with costs a judgment IN FAVOR Oh
the plaintiff for $.O77 recovery and costs entered
the verdict Of jury in circuit
The Court also affirmed judgment in the case OF
Mary McGreevy, administrative against the But
fao Railway Company appellant This was an
appeal from the judgment of the General Term OF
the Superior Court of Buffalo. which affirmed the
judgment; of the Trial Court for $3.50 damages and
COSTS entered in favor of the plaintiff.
The full list of decisions follows:
Margaret Byrne. ADMINISTRATIVE, etc, against
Brooklyn City and Newtown Railroad Company, APP
pelant; Marie Carleton by George Lewis Premise.
general guardian
den Mary McGreevy, administrators. etc, against
ria a3mnisrafrx. etc against NewSork Lake
Erie and Western Railroad COMPANY appellant in
benjamin Crosby against William II. Clark, execu-
Gr Aas corG ad ep he
Murphy administratrix, etc: appellant, against
Ar fh B. Bseman to John A. Graves rsspondeni
Lewis Chaplain, appellant; in re last Will etc, OF
Mary A. Peckham and others. respondents, against
James X. O. Sherwood. receiver etc. appellant
order appealed from modified by adS AN
cor in default thereof after the expiration OF SIX
spees f term may H' allow the receiver surrender
the plaintiffs the possession of the premises de-
syaT n su the aoad has been
siructed and that the receiver and the SAID deiend
agents and servants be thereafter restraned IRON
in manner making use Thereof UNI ave- an OF he se
cCAiplied with and so modified affirmed without
costs of this appeal TO either party ,.
John f.. Truesdell. administrator, etc, asSihst
Hannie L. Burke; executor etc. apPeanRt Iod Hfn
ard Keenan,, administrator, etc, against brookl!h
City Railroad Company, appenantaJ,udgment re-
versed trial granted costs TO ABIDE eVe Ii;c,
Ellen L. Ballard, eXecutrX, etc. against HltCh-
cock Manufacturing Company. appellant; Luo"lg
Bauman against Elizabeth Moseley, admi ann,
trx etc appellant-Judgment affirmed, with costs
United States Trust Company Of New;York,
substituted trustee appellant against Philip V.
r. Stanton. impeaded etc-Judgment affirmed ., on
the defence of the statute OF limitations "''h
costs. 49,, s,o,dan,s
AGAINST Sheldon l.. Kent and another, respond
ents: Walter L. Kent appellant-Judgment az
frmed, with costs to all parties TO be pald OUT Vi
PEOPLE ex rel the Union Pacific Tea Company,
appellant against James A Roberts, Controiier'
ecJudgment and order anr Gn1na Mit" apneant
against New-York Central and Hudson hrer
Railroad Company and another res;pon3He r1s
modified by striking out the names OF me avtos
neys in the directions given 10 BRING IN parties;
and modified. the order rae, Is aihrmea "'"ou'
People ex rel Patrick Ready agt. Mayor, etc;. OF
Syracuse, appellants motion 10 amend remlttl,IuI
etc ordered that the remittur herein be AMENDED
so as TO allow the relator. Patrick Ready, 10 re,
cover interest on the amount adjudged TO De pdln
over TO him from August s, 1890 the date OF me
Ssmares be ei awarded sHG with SO costs
John A Waller. appellant. agt the state; Skane.
sophia Flick Hen appellant sgt Adrian lselin
and others Motions for reargument etc. ueAied
Gilbert Murdoch. administrator. etc. agt. Harriet
Robinson. implicated with Waterman, etc, APP
pel,ant Motion to amend remitttur. Remltt'uI
amended so as 70 declare mat 'he Iluusinet' &c
fects the part of the premises owned by me Lamp
heirs and that be reversed as to the part OF the
premises owned by Clar;ssa Waterman; ana III
other respects that the motion be denied