Opinion
June, 1915.
Present — Ingraham, P.J., McLaughlin, Laughlin, Dowling and Hotchkiss, JJ.
Appeal from a judgment of the Supreme Court, entered in the New York county clerk's office on the 26th day of January, 1915, upon the verdict of a jury, and also from an order entered on the 29th day of January, 1915, denying a motion for a new trial. Judgment and order affirmed, with costs. No opinion.
Ingraham, P.J., and McLaughlin, J., dissented upon the ground that there was no evidence to sustain a finding that the defendant was negligent or that the decedent was free from contributory negligence, but the testimony expressly shows that the accident was caused by a violation of the rules established for the protection of defendant's employees and by an occurrence which the defendant could not have anticipated.