Opinion
November, 1933.
Judgment reversed on the law and a new trial granted, costs to appellant to abide the event. There was a question of fact as to the negligence of defendant. ( Greenley v. Miller's, Incorporated, 111 Conn. 584.) Lazansky, P.J., Carswell and Davis, JJ., concur; Kapper and Hagarty, JJ., dissent and vote to affirm. ( Wein v. Woolworth Co., 223 App. Div. 794; Woolworth Co. v. Conboy, 170 Fed. 934; Lord v. Sherer Dry Goods Co., 205 Mass. 1.)