Torts · MBE-tested
Marie Huebner, as Administratrix of the Estate of Otto Huebner, Deceased, Appellant, v. George L. Hammond et al., Respondents
177 N.Y. 537·New York Court of Appeals·1903·NY
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Opinion
Marie Huebner, as Administratrix of the Estate of Otto Huebner, Deceased, Appellant, v. George L. Hammond et al., Respondents.
Huebner v. Hammond, 80 App. Div. 122, affirmed.
(Argued December 4, 1903;
decided December 18, 1903.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 13, 1903, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term.
Perry P. Trafford for appellant.
Frank O. Avery and Mark M. Sehlesinger for respondents.
[MAJORITY]
Judgment affirmed, with costs, on the ground that there was no proof of negligence to submit to the jury.
Concur: Parker, Oh. J., Gray, O’Brien, Bartlett, Martin, Cullen and Werner, JJ.