Opinion
Argued March 8, 1944
Decided April 20, 1944
Appeal from the Supreme Court, Appellate Division, Second Department, GARVIN, J.
Irving E. Kanner, Harold H. Corbin and Edward Bennett for appellants.
Harry G. Anderson, Ralph E. Hemstreet and Louis J. Carruthers for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LEWIS, CONWAY and THACHER, JJ. LOUGHRAN and DESMOND, JJ., dissent on the ground, under the circumstances here shown, the jury was justified in holding it to be negligence for the flagman to order plaintiff and his playmates off the train after it was in motion. Taking no part: RIPPEY, J.