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Von Wangenheim v. New York Stockyards Co.

155 N.Y.S. 405 Court N.Y. App. Div. Decision date 1915-11-05 Docket No. 7837 English

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p. 405
VON WANGENHEIM v. NEW YORK STOCKYARDS CO.
(No. 7837.)
(Supreme Court, Appellate,Division, First Department.
November 5, 1915.)

Headnote

Negligence <@=>139—Damages—Rroximate Cause.
Where the negligence alleged in the complaint is not the proximate cause of the injury complained of, it is proper to dismiss the complaint.
[Ed. Note.—For other cases, see Negligence, Cent Dig. §§ 277-353; Dec. Dig. <@=>136.]
Laughlin, J., dissenting.
Appeal from Trial Term, New York County.
Action by Waldemar Von Waugcnheim against the New York Stockyards Company. From a judgment dismissing the complaint ( 153 N. Y. Supp. 696 ), plaintiff appeals. Affirmed.
Argued before INGRAHAM, P. J., and LAUGHLIN, CLARKE, SCOTT, and DOWLING, JJ.
Harry A. Gordon, oí New York City, for appellant.
Charles C. Marsh, of New York City, for respondent.

We think that the negligence alleged in the complaint was not the proximate cause of the injury complained of, and that, therefore, the action of the trial court in dismissing the complaint was correct.

It follows that the judgment appealed from should be affirmed, with costs.

LAUGHLIN, J., dissents.