Appellate Terms of the Supreme Court of New York, 1912

Minck v. Brooklyn Heights Railroad

Minck v. Brooklyn Heights Railroad
Appellate Terms of the Supreme Court of New York · Decided March 15, 1912
138 N.Y.S. 101 (New York Supplement)

Counsel

Louis Burstein, of Brooklyn, for appellants., George D. Yeomans, of Brooklyn, for respondent.

Minck v. Brooklyn Heights Railroad

Opinion of the Court

PER CURIAM.

Although there has been a judgment rendered, and affirmed by the Appellant Division at variance with the judgment rendered by the trial court here, upon facts growing out of the same accident, unless we are in a position to require the trial court to reach a different conclusion than it has already reached upon conflicting evidence, this judgment should be affirmed.

As it is obvious we have no such power, the judgment must be affirmed, with costs.

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