Mitchell v. Smucker , 281 A.D. 988 ( 1953 )

In an action to recover for wrongful death of plaintiff’s intestate in a grade crossing accident, judgment dismissing the complaint on the merits at the close of plaintiff’s case, unanimously affirmed, with costs. No opinion. Present — Carswell, Acting P. J., Adel, Wenzel, MacCrate and Schmidt, JJ.