Russell v. James Butler Grocery Co. — 265 N.Y. 482

Majority

p. 482

Owen Russell, as Administrator de Bonis Non of the Estate of Mary J. Russell, Deceased, Appellant, v. James Butler Grocery Company, Respondent.

(Argued June 7, 1934;

decided July 3, 1934.)

p. 483

Charles G. F. Wahle, Samuel Mezansky and Saul Grover Wlodaver for appellant.

Hieronimous A. Herold for respondent.

Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division on the ground that the evidence presented a question of fact for the jury. No opinion.

Concur: Pound, Ch. J., Crane, Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ.