Opinion
Argued February 27, 1947
Decided April 17, 1947
Appeal from the Supreme Court, Appellate Division, First Department, NULL, J.
Harvey I. Harris and Jeannette S. Dolgin for appellants.
Ralph E. Hemstreet and Louis J. Carruthers for respondent.
Judgments reversed and a new trial granted, with costs to abide the event, on the ground that the record presents jury questions as to negligence and contributory negligence. Plaintiffs were not trespassers as matter of law. ( Zambardi v. South Brooklyn Ry. Co., 281 N.Y. 516.) No opinion.
Concur: LOUGHRAN, Ch. J., CONWAY, DESMOND, THACHER, DYE and FULD, JJ. Dissenting: LEWIS, J.