Appellate Division of the Supreme Court of the State of New York January 6, 1909 (Seager v. Solvay Process Co.)

Williams, J.:

The judgment should be reversed and a new trial* granted, with costs to the appellant to abide event.'

The action was brought to recover damages resulting from the death of Barry Seager, alleged to have been caused by the negligence of the defendant.

The only questions here involved are : First.