Morgan v. Indemnity Insurance of North America

This is an appeal by the defendant from a judgment in favor of plaintiff, entered upon verdict.

This is the second appeal. Upon the previous appeal this court reversed and ordered a new trial because of error in the court’s refusal to charge as requested (Morgan v. Indemnity Ins. Co., 195 Misc. 52). At this point it may be mentioned similar error was committed by the court upon the retrial.

However, a basic ground exists, in my opinion, for reversal and dismissal of the complaint, upon the ground that it affirmatively appears from the evidence that the decedent’s death was not "caused “ solely,…