Brown v. Mutual Life Insurance Company of New York

Full title: BLANCHE B. BROWN, Appellant, et al., Plaintiffs, v. MUTUAL LIFE INSURANCE…

Court: Court of Appeals of the State of New York

Date published: Oct 21, 1948

82 N.E.2d 580 (N.Y. 1948)

82 N.E.2d 580

Opinion

Argued October 5, 1948

Decided October 21, 1948

Appeal from the Supreme Court, Appellate Division, Second Department, FENNELLY, J.

Jerome O. Ellis and Seymour Kempner for appellant.

H.H. Brown and Patrick E. Gibbons for respondent.

Judgment affirmed, without costs; no opinion.

Concur: LOUGHRAN, Ch. J., DESMOND, DYE and FULD, JJ. LEWIS and CONWAY, JJ., dissent upon the ground that there was evidence of negligence and of contributory negligence proper for submission to the jury. Taking no part: THACHER, J.