In Horowitz v. Bandler (265 App. Div. 1066) the Appellate Division of the Second Department, affirmed an order made by Mr. Justice STODDART of this court at trial term, setting aside a verdict and granting a new trial because "the preponderance of the evidence does not establish the fall sustained by the deceased as the cause of death.Summary of this case from Casoni v. Town of Islip
February 15, 1943.
Present — Close, P.J., Hagarty, Carswell, Johnston and Lewis, JJ.
Action to recover damages for the death of plaintiff's intestate, who fell on the side-walk in front of premises owned by the respondent, who, it was alleged, negligently permitted snow and ice to remain on the sidewalk, thus creating a dangerous condition. The jury returned a verdict of $5,500 in favor of plaintiff. The court set aside the verdict and granted a new trial because "the preponderance of the evidence does not establish the fall sustained by the deceased as the cause of death." Order, in so far as appealed from, unanimously affirmed, with costs to abide the event.