In аh action jo reсover damages by rеason оf the death of plаintiff’s intestate, allege'd to havе been caused by thе defendаnt’s negligenсe in the operаtion ,tif onе bf its trains, defendant aрpeаls from a judgment in favor bf plaintiff after a trial without a jury. Judgment аffirmed, with cоsts.. (Nóseworthy v: City of New York, 298 K, Y. 76.) Carswell, Snеed áiid MácCrate, JJ.j concur; kplаri, P. J., dissents and vоtes to reverse -the judgment and tо. dismiss the complaint, with thе following memorandum: In .my оpinion the circumstаnces, surrounding the accident аnd ijs cause are lеft entirely to conjecture, and. the facts established are not sufficient to justify ah inference that the accident .was caused by appellant’s negligence. Adél, J., concurs with Hóíáñ, P. <f. [Í99 Mise. 532.]
Klein v. Long Island Railroad
105 N.Y.S.2d 999
N.Y. App. Div.1951Check TreatmentAI-generated responses must be verified and are not legal advice.