Abady v. Pennsylvania Railroad

In an action to recover damages for wrongful death and for conscious pain and suffering, the appeal is from a judgment in favor of respondent entered upon a dismissal of the complaint at the end of appellant’s ease. The proof warrants a finding that the intestate had been a passenger on respondent’s train and died as the result of a fall therefrom. There was no proof, however, as to the cause of the fall or the reason for the accident. Judgment affirmed, with costs. Affording appellant the benefit of every favorable inference from the evidence, we are of the opinion that there was no proof…