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BEEMAN v. NEW YORK CENT. R.R. CO.

23 A.D.2d 965 (1965)

Estmyr L. Beeman, as Administratrix of The Estate of David C. Beeman, Deceased, Respondent, v. New York Central Railroad Co. et al., Respondents, and City of Canandaigua, Appellant

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

May 20, 1965

Order unanimously reversed, without costs of this appeal to any party, and motion denied, without costs.

Memorandum:

Under the allegations of paragraphs Eleventh and Thirteenth of the complaint, proof might be introduced to establish passive negligence of appellant and active negligence of respondent. (See Williams v. Twin Ponds Golf Associates, 23 A.D.2d 956

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