Appellate Terms of the Supreme Court of New York, 1905

Cinberg v. Interurban Street Railway Co.

Cinberg v. Interurban Street Railway Co.
Appellate Terms of the Supreme Court of New York · Decided February 16, 1905
92 N.Y.S. 1 (New York Supplement)

Counsel

H. A. Robinson, for appellant., Samuel Rosenbloom, for respondent.

Cinberg v. Interurban Street Railway Co.

Opinion of the Court

PER CURIAM.

The defendant admitted on the record that it operated and controlled both lines of cars. The defendant made no motion for judgment on any ground, and did not suggest any failure of proof as to the contract between the two companies. If it had objected on that score, we may assume that the defect would have been supplied. The objection cannot be taken for the first time on appeal.

Judgment affirmed, with costs.

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