Opinion
Argued October 7, 1929
Decided October 22, 1929
Appeal from the Supreme Court, Appellate Division, Second Department.
William J. Hogan, Leonard F. Fish and Thomas J. O'Neill for appellant.
John A. Kelly for respondent.
Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and the Appellate Division, on the ground that there was evidence of negligence sufficient to present a question of fact for the jury; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, O'BRIEN and HUBBS, JJ. Dissenting: KELLOGG, J.