Conklin v. Canadian-Colonial Airways, Inc. — 242 A.D. 625

Majority

p. 625

Peggy C. Conklin, as Administratrix ad Prosequendum of the Estate of Arthur V. Conklin, Deceased, Respondent, v. Canadian-Colonial Airways, Inc., Appellant.

Judgment and order reversed and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to the sum of $50,274.42; in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion, Settle order on notice. Present — Finch, P. J., Merrell, Martin, O’Malley and Untermyer, JJ.