Opinion
November 7, 1951.
Present — Peck, P.J., Glennon, Dore, Cohn and Callahan, JJ.; Callahan, J., dissents insofar as the complaint is dismissed and votes to order a new trial.
Judgment reversed, with costs to the appellant, and judgment is directed to be entered herein dismissing the complaint, with costs, on the ground that the evidence adduced was insufficient to support a finding of liability on the part of the defendant under the doctrine of last clear chance or upon principles of ordinary negligence.