Opinion
Submitted May 23, 1946
Decided June 14, 1946
Appeal from the Supreme Court, Appellate Division, Second Department, WILSON, J.
Esther R. Brause and Leonard Acker for appellants.
William L. Shumate for respondents.
Judgment of Appellate Division reversed and that of Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground that there was evidence of negligence proper to be submitted to the jury; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER and FULD, JJ. Taking no part: DYE, J.