Opinion
Argued October 13, 1931
Decided October 23, 1931
Appeal from the Supreme Court, Appellate Division, First Department.
Morton L. Feary and N.M. Barron for appellant.
Arthur T. O'Leary for respondent.
Judgment of the Appellate Division and that of the Trial Term reversed, and complaint dismissed, with costs in all courts on the ground that the evidence does not sustain a finding of the defendant's negligence; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.