Montague v. Interborough Rapid Transit Co.

216 A.D. 711 Court N.Y. App. Div. English

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p. 711

Daniel J. Montague, as Administrator, etc., of Mary Montague, Deceased, Respondent, v. Interborough Rapid Transit Company, Appellant.

Judgment reversed and new trial ordered, with costs to the appellant to abide the event, upon the ground that there is a lack of causal connection between the fact of the injury and the subsequent meningitis. Present — Clarke, P. J., Dowling, Finch, McAvoy and Martin, JJ.; Finch and Martin, JJ., dissent and vote for affirmance.