Judgment.

JUDGMENT.

SUPREME COURT-OSWEGO COUNTY.

FRANK H. BIDWELL

VS.

JAMES C. CUMMINGS.

The above cause having been regularly upon the calendar of the trial term of the Supreme Court, held at the Court House in the city of Oswego, in and for the county of Oswego, N. Y., which commenced on the 6th day of October, 1913, and the issues having been brought to trial before Hon. Irving G. Hubbs, Justice presiding, and a jury, on the 30th day of October, 1913, and the allegations and proofs on the part of the plaintiff having been heard and considered, and the said Justice having granted the defendant's motion for a non-suit, at the close of the plaintiff's case, and having directed the complaint to be dismissed, and the defendant's costs having been taxed at the sum of seventy-seven dollars and twenty-six cents ($77.26);

Now, on motion of White, Cheney, Shinaman & O'Neill, attorneys for the defendant, it is

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ADJUDGED that this action be, and the same hereby is, dismissed, and that the defendant recover of the plaintiff the sum of seventy-seven dollars and twenty-267 six cents ($77.26) costs in this action, and have execution therefor.

ZOPHER D. STANTON,

Clerk.

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YOU WILL PLEASE TAKE NOTICE, That the above named plaintiff hereby appeals to the Appellate Division of the Supreme Court, Fourth Department, from the judgment entered herein in the Oswego County Clerk's office, on the 11th day of November, 1913, in the sum of Seventy-seven and 26/100 ($77.26) dollars costs, and dismissing plaintiff's complaint.

Appellant intends to bring up for review upon said appeal each and every part of said judgment and the exceptions taken by the plaintiff on the trial.

Dated November 28th, 1913.

Yours, etc.,

THOMSON, WOODS & WOODS,
Attorneys for Plaintiff-Appellant,
Office & P. O. Address,

No. 511 Union Building,
Syracuse, N. Y.

To Arthur T. Porteous and White, Cheney, Shinaman & O'Neill, Attorneys for Respondent, and

To the Clerk of the County of Oswego.

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JAMES C. CUMMINGS,

Respondent.

IT IS HEREBY STIPULATED that the foregoing is a true and correct copy of the case and exceptions, judgment roll, and notice of appeal herein, and of the whole thereof, now on file in the Oswego County Clerk's office. Certification by said clerk is hereby waived.

Dated December 10th, 1913.

THOMSON, WOODS & WOODS,

Attorneys for Plaintiff-Appellant.

ARTHUR T. PORTEOUS, and WHITE, CHENEY, SHINA

MAN & O'NNEILL,

Attorneys for Defendant,Respondent.

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THOMAS WOODS, being duly sworn, deposes and says that he is one of the attorneys for the plaintiff in the above entitled action; that no opinion was written by the Trial Judge upon the trial of this: action.

THOMAS WOODS..

Subscribed and sworn to before me) this 10th day of December, 1913.)

MARY A. GRADY,

Com'r of Deeds,

Syracuse, N. Y.

This is an appeal from a judgment of nonsuit and dismissal of the complaint entered in the Oswego County Clerk's office on the 11th day of November, 1913.

This action was commenced on the 21st day of August, 1913, to recover the damages sustained by the plaintiff, resulting from personal injuries, caused by the negligence of the defendant, while the plaintiff was in his employ assisting in the construction of a schoolhouse in the city of Fulton, N. Y., upon the 25th day of June, 1913. Defendant's answer was served on the 10th day of September, 1913.