HOSDALE v. MARRABELL


285 A.D. 1168 (1955)

Anne Hosdale, as Administratrix of The Estate of Steve Hosdale, Deceased, Appellant, v. Charles Marrabell, Doing Business as Hotel Schoentag, Respondent Anne Hosdale et al., Appellants, v. Charles Marrabell, Doing Business as Hotel Schoentag, Respondent

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

May 16, 1955.


Judgment reversed and a new trial granted, with costs to appellants to abide the event.

There was sufficient evidence of the decedent's intoxication and of defendant's negligence to establish a prima facie case. Although the record contains no evidence of the cause of decedent's death, it appears to have been assumed, on trial, that decedent was drowned while using defendant's swimming pool. In any event, the interests of justice require...

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