Opinion
Argued November 19, 1946
Decided January 16, 1947
Appeal from the Supreme Court, Appellate Division, Second Department, FENNELLY, J.
Clarence S. Zipp and Francis T. Lynch for Fred J. Parisi, appellant.
N.F. Towner, Francis Van Orman and Thomas A. Clarke for Middlesex Transportation Co., Inc., appellant.
Ralph Stout, Robert McGowan Smith and George N. Levine for respondents.
As to Middlesex Transportation Co., Inc.: Judgments reversed and complaint dismissed, with costs in all courts, upon the ground that there was no evidence of wanton or reckless misconduct on the part of that defendant.
Concur: LOUGHRAN, Ch. J., LEWIS, THACHER and DYE, JJ. Dissent: CONWAY, DESMOND and FULD, JJ.
As to the defendant Fred J. Parisi: Judgment affirmed, with costs. No opinion.
Concur: LOUGHRAN, Ch. J., CONWAY, DESMOND, THACHER and FULD, JJ. Dissenting: LEWIS and DYE, JJ.