Opinion
June 26, 1956
Plaintiff was guilty of contributory negligence as a matter of law in placing herself in a position where her daughter could fall on her and then cause the injuries which she sustained. Judgment reversed, with costs to the appellant, and judgment is directed to be entered in favor of the defendant-appellant dismissing the complaint herein, with costs.
Concur — Botein, Rabin and Cox, JJ.; Peck, P.J., and Breitel, J., dissent and vote to affirm.