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Brennan v. Trustees of Village of Bath

147 N.Y.S. 1100 Court N.Y. App. Div. Decision date 1914-04-04 English

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p. 1100
BRENNAN, Respondent, v. TRUSTEES OF VILLAGE OF BATH, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
April 4, 1914.)

Headnote

Action by Johauna Brennan as adniinistratrix, etc., against the Trustees o~ the Village of Bath.

Judgment and order affirmed, with costs. See, also, 143 App. Div. 740 , 128 N. Y. Supp. 204 .

FOOTE and MERRELL, JJ., dissent upon the grounds: (1) That it däes not appear that the negligence 0f the defendant, if any, occasioned the death of the plaintiff's intestate; (2) that the deceased was not shown free from contributory negligence.