Depirro v. John N. Robins Co. — 148 A.D. 923

Majority

p. 923

Pietro Depirro, as Administrator, etc., of Andrea M. Depirro. Deceased, Respondent, v. John N. Robins Company, Appellant.

—Judgment and order affirmed, with costs. No opinion. Jenks, P. J., Thomas, Woodward

p. 924

and Rich, JJ., concurred; Burr, J., dissented, on the ground that there was no proof of freedom from contributory negligence (Riceman v. Havemeyer, 8 4 N. Y. 647 ; Geoghegan v. Atlas Steamship Co., 3 Misc. Rep. 224 , 228; 146 N. Y. 369 , 371), and also that the requests to charge at folios 191 and 192 were improperly refused.

Cases cited

Geoghegan v. Atlas Steamship Co. 146 N. Y. 369 N.Y. 1895-04-30 at 371 p. 924