Faudington v. Erie Railroad

Appellate Division of the Supreme Court of New York

Faudington v. Erie Railroad

127 A.D. 928, 111 N.Y.S. 1118

Procedural entryThis page is a short order in Faudington v. Erie Railroad. Read the opinion of the Court — 136 A.D. 737 →

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1908·Published

Opinion

Without passing upon the merits of the case until the facts and especially the nature and parts-of the frog and switch shall be sufficiently shown, by oral evidence; or by a suitable drawing or model, the judgment and order are reversed and a new trial ordered, costs $0 abide the-event, for the reason that upon the present evidence the case is not [929]*929intelligible. Woodward, Jenks, Gaynor and Rich, JJ., concurred; Hooker, J., concurred in result.

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Without passing upon the merits of the case until the facts and especially the nature and parts-of the frog and switch shall be sufficiently shown, by oral evidence; or by a suitable drawing or model, the judgment and order are reversed and a new trial ordered, costs $0 abide the-event, for the reason that upon the present evidence the case is not [929]*929intelligible. Woodward, Jenks, Gaynor and Rich, JJ., concurred; Hooker, J., concurred in result.

Faudington v. Erie Railroad, 127 A.D. 928, 111 N.Y.S. 1118 (N.Y. Ct. App. 1908).

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