
    Phillips & Sons (a Corporation), Respondent, v. Central of Georgia Railway Company, Appellant.
    (Argued October 22, 1926;
    decided November 16, 1926.)
    
      Carriers — railroads — jurisdiction—■action to recover for loss of market from delay in shipment —jurisdiction of railroad with trackage wholly without State.
    
    
      Phillips & Sons v. Central of Ga. Ry. Co., 216 App. Div. 797, affirmed.
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 24, 1926, which affirmed a determination of the Appellate Term affirming' an order of the Municipal Court of the city of New York denying a motion to vacate and set aside the summons and also affirming a judgment of that court in favor of plaintiff. The action was to recover damages alleged to have been caused by a loss of market arising from delay in a shipment of peaches from Georgia to New York. The motion to vacate and set aside the service of the summons was made upon the ground that the court did not obtain jurisdiction of the person of the defendant, Central of Georgia Railway Company, by delivery of the summons, because the defendant is a foreign corporation and was not carrying on business within the State of New York at the time of the attempted service. The Municipal Court held that the transaction of incidental business within the State was sufficient to give our courts jurisdiction.
    Judgment affirmed, with costs;
    
      John S. Montgomery for appellant.
    
      H. H. Nordlinger and Harold Biegelman for respondent.
   no opinion.

Concur: His cock, Ch. J., Pound, Crane, Andrews and Lehman, JJ.

Dissenting: Cardozo and McLaughlin, JJ.  