Majority
p. 967James Truley, as Administrator of the Estate of James Truley, Jr., Deceased, Appellant, v. Blue Line Transfer Co., Inc., Respondent, et al., Defendant.
In an action to recover damages for conscious pain and suffering and for wrongful death, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered February 3, 1960, after a jury trial, dismissing the complaint on the merits at the end of the plaintiff’s ease. Judgment reversed on the law and a new trial granted, with costs to plaintiff to abide the event. In our opinion, the evidence adduced was sufficient to make out a prima facie case. Nolan, P. J., Beldock, Kleinfeld, Christ and Pette, JJ., concur.