Lintz v. Empire Equipment Co.

156 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1916-01-12 English

Contents

Majority

p. 1131

Elizabeth A. LINTZ, as admx., etc., respt., v. EMPIRE EQUIPMENT CO., respt.

(Supreme Court, Appellate Division, Fourth Department.

January 12, 1916.)

Judgment and order reversed and new trial granted, with costs to appellant to abide event, Held: Under the charge of the court the jury may have found that the plaintiff was not the widow of the deceased, and if so, there is no basis for the verdict because the evidence does not show who are his next of kin. All concur.