Faust v. Central Greyhound Lines, Inc. — 298 N.Y. 721

Majority

p. 721

Anna V. Faust, as Administratrix of the Estate of Dorothy F. Roop, Deceased, Appellant, v. Central Greyhound Lines, Inc., Respondent. Anna V. Faust, as Administratrix of the Estate of Eileen V. Roop, Deceased, Appellant, v. Central Greyhound Lines, Inc., Respondent. Anna V. Faust, as Administratrix of the Estate of Richard M. Roop, Deceased, Appellant, v. Central Greyhound Lines, Inc., Respondent. Anna V. Faust, as Administratrix of the Estate of Thomas C. Roop, Deceased, Appellant, v. Central Greyhound Lines, Inc., Respondent.

Argued October 13, 1948;

decided November 24, 1948.

p. 722

Albert V. Moore for appellant.

Bartle Gorman and Latimer B. Senior for respondent.

In each case: Judgment of Appellate Division reversed and the action remitted to that court for determination upon ques

Concurrence

p. 723

tions of fact there raised (Civ. Prac. Act, § 606), with costs to abide the event, on the ground that in each case the evidence presents questions of fact as to the defendant’s negligence, and in the first case as to freedom from contributory negligence on the part of plaintiff’s intestate.