Majority
p. 892Robert G. Burke, as Executor of Francis X. Monahan, Deceased, Appellant, v. Stephen J. Bruno et al., Respondents.
In an action to recover damages for wrongful death and for conscious pain and suffering, the appeal is from a judgment entered on a jury verdict dismissing the complaint. Judgment affirmed, with costs. No opinion. Wenzel, Acting P. J., Beldoek, Hallinan and Kleinfeld, JJ., concur; Murphy, J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum: It was prejudicial and reversible error to admit the testimony of the medical examiner over the objection of appellant’s counsel.