Conway v. Fitzpatrick & Coombes, Inc. — 209 N.Y. 582

Majority

p. 582

Annie Conway, as Administratrix of the Estate of James E. Conway, Deceased, Appellant, v. Fitzpatrick & Coombes, Incorporated, Respondent.

Headnote

Conway v. Fitzpatrick & Coonibes, Inc., 151 App. Div. 937 , affirmed.

(Argued October 27, 1913;

decided November 18, 1913.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered' July 8, 1912, affirming a judgment in favor of

p. 583

defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the defendant’s negligence.

Raphael Link and Francis X. McCollum for appellant.

John Vernou Bouvier, Jr., W. Montague Geer, Jr., and James B. Henney for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., G-ray, Willard Bartlett, Hiscook, Chase, Hogan and Miller, JJ.