Loewenthal v. Commercial Travelers Mutual Accident Ass'n

Appellate Division of the Supreme Court of New York

Loewenthal v. Commercial Travelers Mutual Accident Ass'n

253 A.D. 583, 3 N.Y.S.2d 473, 1938 N.Y. App. Div. LEXIS 8501

Appellate Division of the Supreme Court of the State of New York·Decided April 1, 1938·Published·Cited by 1 cases

Opinion

Per Curiam.

The evidence presented an issue of fact as to whether the insured died as the result of an infection following the extraction of teeth, which the jury could have found were not previously infected, or whether he died as the result of the heart disease from which he suffered.

The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event. ’

Present ■— Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The evidence presented an issue of fact as to whether the insured died as the result of an infection following the extraction of teeth, which the jury could have found were not previously infected, or whether he died as the result of the heart disease from which he suffered.

The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event. ’

Present ■— Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

Loewenthal v. Commercial Travelers Mutual Accident Ass'n, 253 A.D. 583, 3 N.Y.S.2d 473, 1938 N.Y. App. Div. LEXIS 8501 (N.Y. Ct. App. 1938).

Pincite

253 A.D. 583 (Loewenthal v. Commercial Travelers Mutual Accident Ass'n) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related