Opinion
Argued October 5, 1944
Decided November 16, 1944
Appeal from the Supreme Court, Appellate Division, Third Department, LAWRENCE, J.
John J. O'Malley for appellant.
Charles E. Nichols for respondent.
Judgment affirmed, with costs on the ground that there was no proof of any negligence causing the injury. No opinion.
Concur: LEHMAN, Ch. J., RIPPEY, LEWIS, DESMOND and THACHER, JJ. Dissenting: LOUGHRAN and CONWAY, JJ.