Opinion
May 31, 1949.
In an action to recover damages for injuries sustained as a result of being struck by a skidding automobile, which skidding was claimed to have been caused, in part, by a defect in the highway, judgment for plaintiff, insofar as appealed from, affirmed, with costs. A jury question as to the actionable defect was presented. ( Loughran v. City of New York, 298 N.Y. 320.) Nolan, P.J., Carswell and MacCrate, JJ., concur; Sneed and Wenzel, JJ., dissent.