Bridget Conroy, as Administratrix of the Estate of Michael Conroy, Deceased, Appellant, v. Samuel I. Acken et al., Respondents, Impleaded with Another

Bridget Conroy, as Administratrix of the Estate of Michael Conroy, Deceased, Appellant, v. Samuel I. Acken et al., Respondents, Impleaded with Another. Conroy v. Acken, 110 App. Div. 48, affirmed. (Argued May 8, 1906; decided May 22, 1906.) Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 29,1905, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial, and granted a new trial in an action to recover for the death of plaintiff’s intestate alleged to have.been caused by the negligence of defendants. Albert A. Wray and Burton W. Gibson for appellant. L. Sidney Carrere for respondents. [MAJORITY] Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts, on the ground that the defendants’ negligence was a question of fact for the jury; no opinion. Concur: Cullen, Ch. J., O’Brien, Haight, Vann, Werner and Hiscock, JJ. Not sitting: Willard Bartlett, J.