NOBLE v. HARNICK


278 A.D. 581 (1951)

George M. Noble et al., as Temporary Administrators of The Estate of Barbara Noble, Deceased, Appellants, v. David Harnick et al., Copartners Doing Business as Superior Beer Distributors, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 22, 1951.


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...

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