Opinion
Submitted May 28, 1937
Decided June 11, 1937
Appeal from the Supreme Court, Appellate Division, Second Department.
A.H. Cole, Louis S. Carpenter and James L. Quackenbush for appellant.
Abraham Engelman and Walter Klein for respondent.
Judgments reversed and new trial granted, with costs to abide the event, on the ground that there was no evidence of negligence sufficient to warrant submission of the case to the jury. No opinion.
Concur: CRANE, Ch. J., O'BRIEN, HUBBS and LOUGHRAN, JJ. Dissenting: LEHMAN, FINCH and RIPPEY, JJ.