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BROWNRIGG v. BOSTON & ALBANY R. R.

8 A.D.2d 140 (1959)

Helen Brownrigg, as Administratrix of The Estate of Clarence W. Brownrigg, Deceased, Respondent, v. Boston & Albany Railroad Co., Appellant, et al., Defendant

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

June 2, 1959.

Attorney(s) appearing for the Case

C. Austin White of counsel (Jerome H. Shapiro with him on the brief; Gerald E. Dwyer, attorney), for appellant.

Hyman Herman of counsel (Seymour Launer, attorney), for respondent.

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

Per Curiam.

Were it not for an omission in the proof of plaintiff's case, we would affirm the judgment entered upon the verdict of a jury for $10,000 in this action to recover damages for the wrongful death of plaintiff's intestate. The proof of negligence was adequate, and the verdict, viewed under the applicable provisions of the Massachusetts death statute,* was not excessive.

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