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Gourlay v. Cooley

31 A.D.2d 776 Court Fourth Department, Decision date 1969-01-09 English

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p. 776
Fourth Department,
January, 1969
(January 9, 1969)
Alta R. Gourlay, as Administrator of the Estate of Donald M. Gourlay, Deceased, Appellant, v. Edward Cooley, Respondent.

Judgment and order unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The verdict was contrary to .the evidence. (Appeal from judgment and order of Ontario Trial Term, dismissing complaint in action for damages for wrongful death; order denied motion for a new trial.) Present—Bastow, P. J., Goldman, Del Veechio, Marsh and Henry, JJ.