Opinion
Argued October 3, 1945
Decided October 26, 1945
Appeal from the Supreme Court, Appellate Division, First Department, MILLER, J.
Martin M. Kolbrener for appellant.
William J. Tropp for respondent.
Judgments reversed and a new trial granted, with costs in all courts to abide the event, upon the ground that the evidence presented a question of fact for the jury as to whether or not at the place of the accident a condition of peculiar danger existed. No opinion.
Concur: CONWAY, THACHER, DYE and MEDALIE, JJ. Dissenting: LOUGHRAN, Ch. J., LEWIS and DESMOND, JJ.