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Noble v. Harnick

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1951
278 App. Div. 581 (N.Y. App. Div. 1951)

Opinion

January 22, 1951.

Present — Nolan, P.J., Carswell, Johnston, Sneed and Wenzel, JJ.


In an action to recover damages for the alleged wrongful death of plaintiffs' intestate, judgment dismissing the complaint at the close of plaintiffs' case unanimously affirmed, with costs. Appellants' evidence adduced upon the trial of this action, based upon an unwitnessed fatal accident, is at best as consistent with the absence of any wrongful act upon the part of respondents contributing thereto as with its presence. ( Wieland v. Third Ave. Tr. Corp., 270 App. Div. 885, affd. 296 N.Y. 1047; Lamb v. Union Ry. Co., 195 N.Y. 260, 266; Digelormo v. Weil, 260 N.Y. 192, 200.)


Summaries of

Noble v. Harnick

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1951
278 App. Div. 581 (N.Y. App. Div. 1951)
Case details for

Noble v. Harnick

Case Details

Full title:GEORGE M. NOBLE et al., as Temporary Administrators of the Estate of…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 22, 1951

Citations

278 App. Div. 581 (N.Y. App. Div. 1951)