Torts · MBE-tested
Blanche Loesing, as Administratrix, etc., of Albert Loesing, Deceased, Appellant, v. T. I. McCormack Trucking Co., Inc., Also Known as T. W. McCormack Trucking Co., Inc., Respondent, and Walter J. Calhoun, Defendant
253 A.D. 759·New York Supreme Court, Appellate Division·1937·NY
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Opinion
Blanche Loesing, as Administratrix, etc., of Albert Loesing, Deceased, Appellant, v. T. I. McCormack Trucking Co., Inc., Also Known as T. W. McCormack Trucking Co., Inc., Respondent, and Walter J. Calhoun, Defendant.
[MAJORITY]
In an action to recover damages for the death of the plaintiff’s intestate through the negligence of the respondent, judgment dismissing the complaint reversed on the law and the facts and a new trial granted, costs to abide the event. In the opinion of tMs court, the evidence presented a question of fact for the jury. (Hart v. Hudson River Bridge Co., 80 N. Y. 622.) Hagarty, Davis, Adel, Taylor and Close, JJ., concur.