BROWN v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, 298 N.Y. 675 (1948)

82 N.E.2d 580

BLANCHE B. BROWN, Appellant, et al., Plaintiffs, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Respondent.

Court of Appeals of the State of New York.Argued October 5, 1948
Decided October 21, 1948

Appeal from the Supreme Court, Appellate Division, Second Department, FENNELLY, J.

Page 676

Jerome O. Ellis and Seymour Kempner for appellant.

H.H. Brown and Patrick E. Gibbons for respondent.

Judgment affirmed, without costs; no opinion.

Concur: LOUGHRAN, Ch. J., DESMOND, DYE and FULD, JJ. LEWIS and CONWAY, JJ., dissent upon the ground that there was evidence of negligence and of contributory negligence proper for submission to the jury. Taking no part: THACHER, J.