Newborn v. Union Navigation Co.

242 A.D. 626

Opinion

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, on the ground that the burden was on the defendant to meet the prima facie case made by the plaintiff. Present — Finch, P, J., Merrell, Martin, O’Malley and Untermyer, JJ.; Martin, J., dissents and votes for affirmance on the ground that there was no cause of action whatever proved by the plaintiff.