Barry v. Elkin

In this action, in which trial by jury was waived, plaintiff Ruth W. Barry, administratrix of the estate of George A. Barry, deceased, sought to .recover damages resulting from the claimed negligence of defendant Maurice J. Elkin. At the conclusion of plaintiff’s proofs, defendant asked for judgment of no cause of action because of plaintiff’s.failure to produce any proof of actionable negligence. The motion was granted and plaintiff has appealed from the judgment.

At about 1:15 p.m. on November 19, 1947, police officers attached to the Accident Prevention Bureau were called to investigate an…