217 N.Y. 636
111 N.E 753
Decided February 4, 1916
New York Court of Appeals · decided 1916-02-04
<p>Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 16, 1913, reversing -a judgment in favor of plaintiff entered upon a verdict and granting a new trial ■ in an action to recover for personal injuries alleged to have been sustained by plaintiff while riding in a passenger elevator maintained by defendant and operated by his servant. The- question was as to whether the finding of negligence by the jury was supported by the evidence.</p>
Relies on Wright v. . Smith · Caponigri v. . Altieri
Decided 1916-02-04
¶1 The appellant presents for our consideration a doubtful and serious question which we are unable to determine, for the reason that the form of the order does not enable us to assume jurisdiction. (Caponigri v. Altieri, 164 N. Y. 476; Wright v. Smith, 209 N. Y. 249.)
¶2 The appeal must be dismissed, with costs.
¶3 Willard Bartlett, Ch. J., Hiscock, Chase, Cuddeback, Hogan, Cardozo and Pound, JJ., concur.
¶4 Appeal dismissed.