Opinion
November, 1912.
Judgment and order affirmed, with costs. All concurred, except McLennan, P.J., who dissented in a memorandum upon the ground: First, that it is not shown by the evidence that the slipping of the handlebar, if it slipped, was the proximate cause of the accident. Second, that there is no probative evidence to show that the defendant knew or had occasion to know, in the exercise of the highest degree of care, that the pin which would have prevented the slipping of the handlebar was out of place.