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New York Supreme Court, 1894

Murphy v. Hays

Murphy v. Hays
New York Supreme Court · Decided January 12, 1894
26 N.Y.S. 1116; 82 N.Y. Sup. Ct. 611 (New York Supplement)

Counsel

G. Washbourne Smith, for appellant., Charles C. Nadal, (Thomas S. Moore, of counsel,) for respondents.

Murphy v. Hays

Opinion of the Court

PER CURIAM.

While a portion of the opinion of this court on the former appeal (68 Hun, 450, 23 N. Y. Supp. 70) is not applicable on this review, because it discusses the testimony of the engineer, who was not sworn on the retrial, it is in other respects in point. As a re-examination of the case has not led to any change in the position then taken and expressed by the court, further discussion need not be had. The judgment should be affirmed, with costs.

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