154 A.D. 1
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 1912
Appellate Division of the Supreme Court of the State of New York · decided 1912-12-06
Appeal by the plaintiff, Thomas Boyle, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 13th day of February, 1912, upon the dismissal of the complaint as to each of the defendants (excepting the defendant William Baumgarten, who was not served) at the close of plaintiff’s case by direction' of the court on a trial at the New York Trial Term.
Decided 1912-12-06
¶1For the reasons stated by Mr. Justice Laughlin in his opinion, we agree that the judgment as against the Andrew J. Robinson Company and the Stanley Hod Elevator Company should be reversed, and a new trial ordered, with costs to appellant to abide the event.
¶2As to the defendants Baumgarten, the judgment is affirmed . upon the authority of BohnhoffY, Fischer (149 App. Div. 747).
¶3McLaughlin and Miller, JJ., concurred; Laughlin and Dowling, JJ., dissented.