Morrison v. New York Rapid Transit Corporation

Full title: CATHERINE M. MORRISON et al., Appellants, v. NEW YORK RAPID TRANSIT…

Court: Court of Appeals of the State of New York

Date published: Apr 9, 1940

27 N.E.2d 48 (N.Y. 1940)

27 N.E.2d 48

Opinion

Argued March 7, 1940

Decided April 9, 1940

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

Sidney J. Feltenstein and Joseph J. Stern for appellants.

Andrew F. Van Thun, Jr., and W. Harry Sefton for respondent.

Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground that a question of fact was presented by the evidence. No opinion.

Concur: LOUGHRAN, RIPPEY, SEARS and CONWAY, JJ. Dissenting: LEHMAN, Ch. J., FINCH and LEWIS, JJ.