Majority
p. 703Mary McCarthy, as Administratrix, etc., of James McCarthy, Deceased, Respondent, v. Delaware, Lackawanna and Western Railroad Company, Appellant.
Judgment and order affirmed, with costs. All concur, except Edgeomb and Lewis, JJ., who dissent and vote for reversal on the law and a dismissal of the complaint on the authority of Crough v. N. Y. C. R. R. Co. ( 260 N. Y. 227 ). (The judgment awards damages for death of intestate caused by automobile colliding with train. The order denies motion for a new trial on the minutes.) Present — Sears, P. J., Taylor, Edgeomb, Thompson and Lewis, JJ.
Cases cited
- Crough v. New York Central Railroad 260 N. Y. 227 p. 703