Opinion
Argued March 6, 1939
Decided April 4, 1939
Appeal from the Supreme Court, Appellate Division, Second Department.
Joseph P. Walsh for appellant.
Bertrand G. Eadie and Arthur E. Gale 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. We think there was evidence of negligence proper to be submitted to the jury. No opinion. (See 280 N.Y. 813. )
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH, and RIPPEY, JJ.