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MAYS v. WORTHAM

3 A.D.2d 473 (1957)

William Mays, as Administrator of The Estate of Mary L. Mays, Deceased, Appellant, v. Edward Wortham et al., Respondents

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

May 7, 1957.

Attorney(s) appearing for the Case

Allen Murray Myers of counsel (Henry & Myers, attorneys), for appellant.

I. Sidney Worthman of counsel (William J. Tropp, attorney), for George J. Davis, respondent, and (Leo E. Berson, attorney), for Edward Wortham, respondent.

BOTEIN, J. P., RABIN, FRANK, VALENTE and McNALLY, JJ., concur.

Per Curiam.

This appeal is from an order granting defendant's motion to dismiss the complaint at the close of plaintiff's case during a jury trial. Plaintiff administrator had brought an action under the wrongful death statute of New Jersey to recover damages for pecuniary loss and also for the pain and suffering of the deceased Mary Louise Mays, who was killed when an automobile owned by defendant Davis and operated by defendant Wortham collided with a telephone...

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