Salomone v. Yellow Taxi Corporation

Full title: FRANK SALOMONE, as Administrator, etc., of FRANK SALOMONE, Deceased…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1925

215 App. Div. 790 (N.Y. App. Div. 1925)

Opinion

December, 1925.

Judgment affirmed, with costs. No opinion. Rich, Jaycox, Kelby and Young, JJ., concur; Kelly, P.J., dissents and votes to reverse the judgment and to dismiss the complaint upon the ground that plaintiff failed to prove that the death of the intestate was caused by the defendant's negligence. There is no evidence as to how the accident occurred. ( Wicks v. Cowperthwait Co., 203 App. Div. 705, and cases cited.)