Florence E. Anderson, as Administratrix of the Estate of Earl R. Anderson, Deceased, Respondent, v. Kendall Refining Company, Appellant

Florence E. Anderson, as Administratrix of the Estate of Earl R. Anderson, Deceased, Respondent, v. Kendall Refining Company, Appellant. [MAJORITY] Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: We reach the conclusion that the proof is so indefinite and uncertain as to the cause of deceased’s fall that the judgment should be reversed and the case sent back for a new trial. All concur, except McCurn, J., who dissents a”* votes for affirmance. [MAJORITY] (Appeal from a judgment for plaintiff in a negligence action. The order denied a motion for a new trial.) Present — Taylor, P. J., MeCurn, Vaughan, Piper and Wheeler, JJ.