← Cases

Schiffman v. Murray

257 A.D. 819 Court N.Y. App. Div. Decision date 1939-05-26 English

Contents

Majority

p. 819
Fannie Schiffman, as Administratrix, etc., of Toby Becker, Deceased, Respondent, v. Thomas E. Murray, Jr., as Receiver of the Interborough Rapid Transit Company, Appellant.

Judgment unanimously reversed, with costs, and the complaint dismissed, with costs, on the ground that there is no evidence from which the trial court could infer that decedent met her death by reason of conditions establishing defendant’s negligence as the proximate cause thereof. Present — Martin, P. J., O’Malley, Glennon, Cohn and Callahan, JJ.