Appellate Division of the Supreme Court of the State of New York November 19, 1945 (Verni v. Johnson)

Action to recover damages for the death of appellant’s intestate by reason of defendant’s alleged negligent operation of an automobile. Judgment in favor of defendant, entered on the verdict of a jury, unanimously affirmed, without costs. The plaintiff failed to establish any negligence on the part of the defendant, hence it is not necessary to pass on the alleged errors. Present — Close, P. J.