WILKINSON v. DUNCKEL


9 A.D.2d 244 (1959)

Flora A. Wilkinson, as Administratrix of The Estate of Walter N. Wilkinson, Deceased, Appellant, v. Philip T. Dunckel, Respondent

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

November 17, 1959.


Attorney(s) appearing for the Case

Joseph P. Leary for appellant.

Kramer, Wales & Robinson (Donald W. Kramer of counsel), for respondent.

BERGAN, GIBSON and HERLIHY, JJ., concur with FOSTER, P. J.; REYNOLDS, J., dissents in an opinion, and votes to affirm.


FOSTER, P. J.

This is an appeal from a judgment of nonsuit in a death case granted at the conclusion of the evidence offered by the plaintiff.

The intestate was driving an automobile in a northerly direction on a State highway known as Route 28, some distance northerly of the Village of Milford, New York. He was apparently alone at the time but prior thereto had been in the company of the defendant Dunckel...

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