Jeanerette v. Jungman — 201 N.Y. 548

Majority

p. 548

Maria Jeanerette, as Administratrix of the Estate of Samuel Jeanerette, Deceased, Appellant, v. Julius Jungman, Respondent.

Headnote

Jeanerette v. Jungman, 132 App. Div. 925 , reversed.

(Argued February 13, 1911;

decided February 28, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 11, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned by the negligence of defendant, his employer.

Thomas J. O'Neill and L. F. Fish for appellant.

John G. Robinson and Franh V. Johnson for respondent.

Judgment reversed and new trial granted, costs to abide event, on the ground that the evidence presented a question of fact for the jury; no opinion.

Concur: Cullen, Ch. J., Cray, Haight, Vann, Hiscock and Collin, JJ. Absent: Werner, J.