Stiefel v. Murphy — 208 A.D. 802

Majority

p. 802

Jacob Stiefel, as Administrator, etc., of Edna Stiefel, Deceased, Respondent, v. John Murphy, Defendant, Impleaded with The Ebling Brewing Company, Inc., Appellant.

Judgment and order reversed and a new trial ordered, with costs to appellant to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to the sum of $5,506.56; in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Settle order on notice. Present — Dowling, Smith, Merrell, Finch and Martin, JJ.; Merrell, J., dissents and votes for reversal on the ground that it does not appear that the structure in question was a proximate cause of the injuries sustained by the plaintiff’s intestate, and upon the further ground that the court erred in refusing to grant the application to withdraw a juror upon proofs being given that the structure was removed after the accident and before the trial.