Torts · MBE-tested

Johanna Brennan, as Administratrix, etc., Respondent, v. The Trustees of the Village of Bath, Appellant

162 A.D. 932·New York Supreme Court, Appellate Division·1914·NY

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Opinion

Johanna Brennan, as Administratrix, etc., Respondent, v. The Trustees of the Village of Bath, Appellant. [MAJORITY] Judgment and order affirmed, with costs. All concurred, except Foote and Merrell, JJ., who dissented upon the grounds: First, that it does not appear that the negligence of the defendant, if any, occasioned the death of the plaintiff’s intestate; second, that the deceased was not shown free from contributory negligence.