Opinion
Argued January 13, 1931
Decided February 10, 1931
Appeal from the Supreme Court, Appellate Division, First Department.
Leonard F. Fish and Harry Zeitlan for appellant.
Louis E. Schwartz and James J. Dooling for respondent.
Judgment affirmed, with costs, on the ground that, irrespective of the ordinance, the plaintiff as matter of law is chargeable with contributory negligence; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG and O'BRIEN, JJ. Dissenting: HUBBS, J.