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WALTON v. DOYLE

9 N.Y.2d 783 (1961)

Rosa E. Walton, Appellant, v. Lester T. Doyle, as Trustee in Reorganization of Surface Transportation Corporation of New York, Respondent.

Court of Appeals of the State of New York.

Decided March 23, 1961.

Attorney(s) appearing for the Case

Stanley M. Goldberg for appellant.

Ludwig S. Mlott, Stuart Riedel and Addison B. Scoville for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and FOSTER. Judges FROESSEL and VAN VOORHIS dissent and vote to affirm.

Judgment reversed and a new trial granted, with costs to abide the event, upon the ground that issues of fact were presented as to negligence and proximate cause justifying submission of the case to the jury...

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