Opinion
Submitted December 6, 1935
Decided January 7, 1936
Appeal from the Supreme Court, Appellate Division, First Department.
Frederick Mellor and William Butler for appellant.
Frank J. Rinaldi for respondents.
Judgments reversed and complaint dismissed, with costs in all courts. There is no evidence to sustain the finding that the accident was the result of heedlessness or reckless disregard of the rights of plaintiffs. (See Metcalf v. Reynolds, 267 N.Y. 52. ) No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH, LOUGHRAN and FINCH, JJ.