Opinion
Argued October 6, 1955
Decided October 20, 1955
Appeal from the Supreme Court, Appellate Division, Second Department, CHARLES N. COHEN, J.
Julius A. Itzkowitz, Samuel Kolatch and Anton R. Siegal for appellants.
William L. Shumate for respondent.
Judgment affirmed, without costs; no opinion.
Concur: DESMOND, FULD, VAN VOORHIS and BURKE, JJ. CONWAY, Ch. J., and FROESSEL, J. dissent and vote to reverse upon the ground that the record presents questions of fact which required the submission to a jury of the question of the contributory negligence of the infant plaintiff. Taking no part: DYE, J.