Goldan v. Delaware Eastern Railway Co. No. 2

Full title: S. ORMOND GOLDAN, Respondent, v . DELAWARE AND EASTERN RAILWAY COMPANY and…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 7, 1911

144 App. Div. 81 (N.Y. App. Div. 1911)

128 N.Y.S. 939

Opinion

April 7, 1911.

Edward J. Welch, for the appellants.

Julian B. Shope, for the respondent.

MILLER, J.:

The interlocutory judgment should be reversed, with costs, and the demurrer sustained, with costs, with leave to the plaintiff to serve an amended complaint upon payment of costs, on the authority of Goldan v. Delaware Eastern Railway Co., No. 1 ( 144 App. Div. 78), decided herewith.

INGRAHAM, P.J., LAUGHLIN, CLARKE and SCOTT, JJ., concurred.

Judgment reversed, with costs, and demurrer sustained, with costs, with leave to plaintiff to amend on payment of costs.