Opinion
Argued November 19, 1947
Decided March 5, 1948
Appeal from the Supreme Court, Appellate Division, Second Department, CUFF, J.
Orrin G. Judd, John P. Cohalan, Jr., Saul A. Shames and William H. Westerbeke for appellant.
Frederick Mellor for respondent.
Judgment affirmed, with costs, upon the ground that the record established plaintiff's contributory negligence as matter of law. No opinion.
Concur: LEWIS, DESMOND, THACHER and DYE, JJ. Dissenting: LOUGHRAN, Ch. J., CONWAY and FULD, JJ.