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WALTHER v. NEWS SYNDICATE CO.

276 A.D. 169 (1949)

Eugene Walther, as Administrator of The Estate of Charles Walther, Deceased, Respondent, v. News Syndicate Co., Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 12, 1949.

Attorney(s) appearing for the Case

H. H. Brown of counsel (William J. Magee with him on the brief; Galli & Locker, attorneys), for appellants.

Abraham N. Levy for respondent.

PECK, P. J., DORE, COHN and VAN VOORHIS, JJ., concur.

CALLAHAN, J.

The plaintiff has recovered substantial damages on the verdict of a jury in this action for (1) wrongful death, and (2) conscious pain and suffering of the plaintiff's intestate. On January 1, 1946, while crossing First Avenue at 86th Street, in the city of New York, the deceased was struck by a newspaper delivery truck of the defendant News Syndicate Co., Inc., and operated by the defendant Seelig...

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