New York Court of Appeals

Jessie B. Ingersoll, as Administratrix of the Estate of Robert H. Ingersoll, Deceased, Appellant v. Liberty Bank of…

April 13, 1938278 N.Y. 1

Summary

The New York Court of Appeals held that the plaintiff established a prima facie case of negligence and a sufficient causal link between the defective stair tread and the decedent's injury, reversing the Appellate Division's dismissal and granting a new trial; the court also ruled the plaintiff's testimony about the decedent's statement was inadmissible as res gestae.