Smith v. Owego Bridge Co. 161 N.Y. 617

George L. Smith, Respondent, v. Owego Bridge Company, Appellant.

Smith v. Owego Bridge Go., 42 App. Div. 624, appeal dismissed.

(Argued November 20, 1899;

decided November 28, 1899.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 19, 1899, affirming a judgment in favor of plaintiff entered upon the report of a referee.

The motion was made upon the grounds that the questions involved are wholly questions of fact; that the decision of the Appellate Division was unanimous, and that the exceptions are frivolous.

W. I. Van Allen for motion.

Oscar B. Glezen opposed.