Torts · MBE-tested

Ralph M. Verni, as Administrator of the Estate of Michael J. Verni, Deceased, Appellant, v. Evald Johnson, Respondent

269 A.D. 997·New York Supreme Court, Appellate Division·1945·NY

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Opinion

Ralph M. Verni, as Administrator of the Estate of Michael J. Verni, Deceased, Appellant, v. Evald Johnson, Respondent. [MAJORITY] Action to recover damages for the death of appellant’s intestate by reason of defendant’s alleged negligent operation of an automobile. Judgment in favor of defendant, entered on the verdict of a jury, unanimously affirmed, without costs. The plaintiff failed to establish any negligence on the part of the defendant, hence it is not necessary to pass on the alleged errors. Present — Close, P. J., Hagarty, Cars-well, Adel and Lewis, J J. [See post, p. 1050.]