LEWIS v. OLYMPIA PROVISION & BAKING CO.


282 A.D. 227 (1953)

Virginia Lewis, as Administratrix of The Estate of Edwin T. Lewis, Deceased, Respondent, v. Olympia Provision & Baking Co., Inc., Appellant

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

June 19, 1953.


Attorney(s) appearing for the Case

James J. McLoughlin of counsel (John J. Kirwan, attorney), for appellant.

Esau J. Mishkin (Benjamin H. Siff with him on the brief), for respondent.

PECK, P. J., GLENNON, COHN, BREITEL and BERGAN, JJ., concur.


Per Curiam.

At the time of the accident defendant's truck was moving north in Edgecombe Avenue and the passenger car of decedent moving south. A verdict for plaintiff has been returned and we examine the record first to determine the sufficiency of the proof of defendant's negligence to support it.

The only proof adduced by plaintiff on this question is the testimony of a policeman who did not see the accident...

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