Citation Numbers: 269 A.D. 1039, 58 N.Y.S.2d 686, 1945 N.Y. App. Div. LEXIS 5172
Filed Date: 12/3/1945
Status: Precedential
Modified Date: 10/28/2024
In an action to recover damages for negligence resulting in death, judgment dismissing the complaint at the close of the plaintiff’s ease reversed on the law and a new trial granted, with costs to the appellant to abide the event. Questions of fact arose during the trial which required the submission of the case to the jury. Close, P. J., Carswell, Johnston, Adel and Lewis, JJ., concur.