Bailey v. New York Arcade Railway Co. , 16 N.Y. St. Rep. 1007 ( 1888 )

Daniels, J.

The appeal in this action presents the same objections and points as are raised in the case of Astor v. Railway Co., ante, 174. It requires no further examination for its disposition, but the same direction should be given concerning it that has already been given for the disposition of the other case. The judgment should be reversed, and judgment entered overruling the demurrer, with leave to the defendant to answer, on payment of costs of the demurrer and the costs of the appeal.