Opinion
Argued June 4, 1940
Decided July 24, 1940
Appeal from the Supreme Court, Appellate Division, First Department, LEARY, J.
Ralph E. Hemstreet and Louis J. Carruthers for appellant.
William E. Lyons for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY and SEARS, JJ. FINCH and LEWIS, JJ., dissent on the ground that the decedent was guilty of contributory negligence as matter of law. Taking no part: CONWAY, J.