Euvrard v. Thorn

243 A.D. 540

Opinion

Judgment dismissing the plaintiff’s complaint at the close of the case, in an action to recover damages for the death of plaintiff’s intestate as the result of injuries received at a street intersection through the alleged negligence of the defendants in the operation of a motor vehicle owned by defendant Broughton and operated by defendant Thorn, reversed on the law and a new trial granted, costs to appellant to abide the event. We are of opinion that the proof adduced presented a question of fact for determination by the jury. (Metzger v. Cushman’s Sons, Inc., 243 N. Y. 118.) Lazansky, P. J., Hagarty, Carswell, Tompkins and Davis, JJ., concur.