Walton v. Doyle — 9 N.Y.2d 783

Majority

p. 783

Rosa E. Walton, Appellant, v. Lester T. Doyle, as Trustee in Reorganization of Surface Transportation Corporation of New York, Respondent.

Argued February 21, 1961;

decided March 23, 1961.

p. 784

Stanley M. Goldberg for appellant.

Ludwig S. Mlott, Stuart Riedel and Addison B. Scoville for respondent.

Judgment reversed and a new trial granted, with costs to abide the event, upon the ground that issues of fact were presented as to negligence and proximate cause justifying submission of the case to the jury. No opinion.

p. 785

Concur: Chief Judge Desmond and Judges Dye, Fold, Burke and Foster. Judges Froessel and Van Voorhis dissent and vote to affirm.