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Anderson v. Kendall Refining Co.

280 A.D. 1036 Court N.Y. App. Div. Decision date 1952-11-19 English

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p. 1036
Florence E. Anderson, as Administratrix of the Estate of Earl R. Anderson, Deceased, Respondent, v. Kendall Refining Company, Appellant.

Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: We reach the conclusion that the proof is so indefinite and uncertain as to the cause of deceased’s fall that the judgment should be reversed and the case sent back for a new trial. All concur, except McCurn, J., who dissents a”* votes for affirmance.

Majority

p. 1037
(Appeal from a judgment for plaintiff in a negligence action. The order denied a motion for a new trial.) Present — Taylor, P. J., MeCurn, Vaughan, Piper and Wheeler, JJ.