Opinion
Argued June 7, 1948
Decided July 16, 1948
Appeal from the Supreme Court, Appellate Division, Second Department, COLDEN, J.
Julius S. Christensen for appellant.
Edward J. Pacelli and Alexander Orr, Jr., for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND, THACHER and DYE, JJ. FULD, J., dissents on the ground there is no evidence of negligence. Taking no part: CONWAY, J.