Appellate Division of the Supreme Court of New York, Second DepartmentFeb 15, 1943
265 App. Div. 1066 (N.Y. App. Div. 1943)

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.