Opinion
Argued June 13, 1930
Decided July 8, 1930
Appeal from the Supreme Court, Appellate Division, Third Department.
William A. Dunne for appellants.
John J. Scully for respondent.
Judgment of the Appellate Division reversed and judgment of the City Court of Troy affirmed, with costs in this court and in the Appellate Division on the ground that there was a question of fact as to defendant's negligence; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.