Warn v. . N.Y.C. H.R.R.R. Co.

New York Court of Appeals

Warn v. . N.Y.C. H.R.R.R. Co.

57 N.E. 742, 163 N.Y. 525, 1900 N.Y. LEXIS 1096

CourtNew York Court of Appeals

DecidedJune 22, 1900

StatusPublished

Cited by4 cases

This text of 57 N.E. 742 (Warn v. . N.Y.C. H.R.R.R. Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Warn v. . N.Y.C. H.R.R.R. Co., 57 N.E. 742, 163 N.Y. 525, 1900 N.Y. LEXIS 1096 (N.Y. 1900).

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Opinion

This is not a unanimous affirmance. The cases of Harroun v.Brush El. Light Co. (152 N.Y. 212) *Page 527 and McDonnell v. N.Y.C. H.R.R.R. Co. (159 N.Y. 524) are not in conflict with this decision. In the former case, the record recited four justices as sitting, and they all concurred; in the latter case, all the justices composing the court heard the argument, but one of them died before it was decided. In this case one of the sitting justices did not vote, although he had the right to do so.

The motion should be denied, with ten dollars costs.

PARKER, Ch. J., O'BRIEN, BARTLETT, VANN, LANDON and CULLEN, JJ., concur.

Motion denied.

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This is not a unanimous affirmance. The cases of Harroun v.Brush El. Light Co. (152 N.Y. 212) *Page 527 and McDonnell v. N.Y.C. H.R.R.R. Co. (159 N.Y. 524) are not in conflict with this decision. In the former case, the record recited four justices as sitting, and they all concurred; in the latter case, all the justices composing the court heard the argument, but one of them died before it was decided. In this case one of the sitting justices did not vote, although he had the right to do so.

The motion should be denied, with ten dollars costs.

PARKER, Ch. J., O'BRIEN, BARTLETT, VANN, LANDON and CULLEN, JJ., concur.

Motion denied.

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Bluebook (online)

57 N.E. 742, 163 N.Y. 525, 1900 N.Y. LEXIS 1096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warn-v-nyc-hrrr-co-ny-1900.

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