Opinion
Argued April 24, 1941
Decided May 22, 1941
Appeal from the Supreme Court, Appellate Division, Second Department, WENZEL, J.
William J. Beglin for appellant.
Ralph E. Hemstreet and Louis J. Carruthers for respondent.
Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division on the ground that the jury's finding that plaintiff had exercised due care is not without support in the evidence. No opinion.
Concur: LOUGHRAN, FINCH, RIPPEY and DESMOND, JJ. Dissenting: LEHMAN, Ch. J., LEWIS and CONWAY, JJ.