Fox v. Tice Towing Line, Inc. — 288 N.Y. 663

Majority

p. 663

Ruth Fox, as Administratrix of the Estate of William H. Fox, Deceased, Appellant, v. Tice Towing Line, Inc., Respondent.

Argued April 30, 1942;

decided June 4, 1942.

p. 664

Abraham M. Fisch for appellant.

C. B. M. O’ Kelley, Chauncey I. Clark and George F. Tinker for respondent.

. Judgments reversed and a new trial granted, with costs to the appellant to abide the event. The evidence presented questions of fact both as to whether the negligence of the defendant was a proximate .cause of the accident, and as to whether plaintiffs’ intestate was free from contributory negligence. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.