Connell v. New York, O. & W. Ry. Co.

Appellate Division of the Supreme Court of New York

Connell v. New York, O. & W. Ry. Co.

118 N.Y.S. 1101

Appellate Division of the Supreme Court of the State of New York·Decided October 12, 1909·Published

Opinion

PER CURIAM.

The order granted on March 20, 1909, resettling the original order granted on February 11, 1909, reversed, and said original order modified and resettled, by striking therefrom the provision amending the complaint in the following language: “That the defendant failed and neglected to protect the plaintiff from assault and violence, caused ny others, while plaintiff was a passenger on said train”—and, as so modified and resettled, said original order is affirmed, with $10 costs and disbursements to the appellant. See, also, 119 App. Div. 872, 104 N. Y. Supp. 1124.

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PER CURIAM.

The order granted on March 20, 1909, resettling the original order granted on February 11, 1909, reversed, and said original order modified and resettled, by striking therefrom the provision amending the complaint in the following language: “That the defendant failed and neglected to protect the plaintiff from assault and violence, caused ny others, while plaintiff was a passenger on said train”—and, as so modified and resettled, said original order is affirmed, with $10 costs and disbursements to the appellant. See, also, 119 App. Div. 872, 104 N. Y. Supp. 1124.

Connell v. New York, O. & W. Ry. Co., 118 N.Y.S. 1101 (N.Y. Ct. App. 1909).

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