Opinion
March 20, 1962
Judgment dismissing the complaint after a jury trial in this personal injury negligence action, unanimously affirmed, without costs, on the ground that plaintiff in the first instance never made out a prima facie case of negligence. Consequently the court does not reach the other serious questions raised.
Concur — Breitel, J.P., Rabin, Valente, Eager and Steuer, JJ.