Yamarone v. Dempsey

Judgment, as amended, reversed upon the law and the facts and new trial granted, costs to appellant to abide the event. This is an action to recover damages for the death of plaintiff’s intestate. We are of opinion that the evidence adduced by plaintiff, unexplained by defendants, presented a prima facie ease of negligence upon the part of defendants. -Young, Rich, Kapper, Hagarty and Seeger, JJ., concur.