Opinion
Argued June 10, 1960
Decided July 8, 1960
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROSCOE V. ELSWORTH, J.
E. Stewart Jones, W. Joseph Shanley and Donald L. Shanley for appellants.
Robert P. Heywood, Town Attorney ( John W. Tabner of counsel), for respondent.
In each action: Judgment affirmed, without costs; no opinion.
Concur: Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Chief Judge DESMOND dissents and votes to reverse and to grant a new trial as to defendant town upon the ground that a prima facie case was made out against it on this record.