Opinion
Argued June 6, 1940
Decided July 24, 1940
Appeal from the Supreme Court, Appellate Division, Second Department, NORTON, J.
Myron Wisoff and William S. Butler for appellant.
J. Osgood Nichols and James L. Quackenbush for respondents.
Judgment affirmed, with costs. The plaintiff having conceded the correctness of the report of the weather bureau, there was no substantial evidence that the water upon the subway platform was the cause, as plaintiff claimed, of the occurrence which resulted in the death of the intestate. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, SEARS, LEWIS and CONWAY, JJ. RIPPEY, J., dissents on the ground a question of fact was presented.