Nellie G. Middleton, as Administratrix of the Estate of Lewis Middleton, Deceased, Appellant v. Frederick W…

Summary

The New York Court of Appeals held that the appeal from the Appellate Division’s reversal of a jury verdict was proper without an allowance under section 191, that the amendment to section 1346 eliminated the prior limitation on review of factual findings, and that the carrier owed a duty to a passenger who became ill and breached that duty, causing death. The Court reversed the Appellate Division’s dismissal and ordered a new trial.