Opinion
November 23, 1942.
Action to recover damages for the death of plaintiff's intestate, who fell on an icy sidewalk and sustained injuries from which he died. Judgment entered on the dismissal of the complaint against the three defendants, at the close of the entire case, affirmed, with costs. No opinion. Hagarty, Adel and Close, JJ., concur; Carswell, J., dissents and votes to reverse the judgment and to grant a new trial on the ground that there is a question of fact for a jury to decide as to whether or not defendants maintained a nuisance by reason of casting upon the sidewalk waters artificially diverted from their natural course by the driveway; Lazansky, P.J., not voting.