Torts · MBE-tested

James F. Egan, Public Administrator of the County of New York, as Administrator of the Estate of Marcelino Lopez, Deceased, Respondent, v. National Transportation Co., Inc., et al., Appellants

271 A.D.2d 824·New York Supreme Court, Appellate Division·1946·NY

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Opinion

James F. Egan, Public Administrator of the County of New York, as Administrator of the Estate of Marcelino Lopez, Deceased, Respondent, v. National Transportation Co., Inc., et al., Appellants. [MAJORITY] The evidence does not warrant a finding of any negligence on the part of the defendants, but compels a finding of contributory negligence on the part of the decedent; Judgment reversed, with costs to the appellants, and the complaint dismissed, with costs. Present — Martin, P. J., Dore, Cohn, Callahan and Peck, JJ.; Callahan, J., dissents.