Appellate Division of the Supreme Court of New York, 1905

Fox v. Manchester, Ontario, Light & Traction Co.

Fox v. Manchester, Ontario, Light & Traction Co.
Appellate Division of the Supreme Court of New York · Decided January 18, 1905
91 N.Y.S. 1094 (New York Supplement)
Fox v. Manchester, Ontario, Light & Traction Co.

Opinion of the Court

PER CURIAM.

Judgment and order affirmed, with costs and disbursements, except that said judgment and order are reversed, with costs, and the complaint dismissed, with costs and an equitable proportion of the disbursements as to the appellant J. Pearl Peck. I-Ield, that said J. Pearl Peck at the time of the accident owned no interest in and had no control over the wires which caused the death of the plaintiff’s intestate, and therefore is not liable for negligence. The form of the order to be settled by and before Mr. Justice SPRING on two days’ notice.

WILLIAMS and STOVER, JJ„ vote for re•versal as to all the defendants upon the ground that the damages awarded were excessive.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.