New York Court of Appeals, 1900

Warn v. . N.Y.C. H.R.R.R. Co.

New York Court of Appeals · Decided June 22, 1900 · WERNER, J.

57 N.E. 742; 163 N.Y. 525; 1900 N.Y. LEXIS 1096 (North Eastern Reporter)

Cases that cite this one

4 later published cases cite this decision.

People ex rel. Mara v. Waldo (Appellate Division of the Supreme Court of New York 1915)
Vaughan v. . Transit Development Co. (N.Y. 1917)
People ex rel. Mara v. Waldo (Appellate Division of the Supreme Court of New York 1915)
Wangner v. . Grimm (N.Y. 1902)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

This is not a unanimous affirmance. The cases of Harroun v.Brush El. Light Co. (152 N.Y. 212) *Page 527 and McDonnell v. N.Y.C. H.R.R.R. Co. (159 N.Y. 524) are not in conflict with this decision. In the former case, the record recited four justices as sitting, and they all concurred; in the latter case, all the justices composing the court heard the argument, but one of them died before it was decided. In this case one of the sitting justices did not vote, although he had the right to do so.

The motion should be denied, with ten dollars costs.

PARKER, Ch. J., O'BRIEN, BARTLETT, VANN, LANDON and CULLEN, JJ., concur.

Motion denied.

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