Opinion
Argued October 21, 1942
Decided December 3, 1942
Appeal from the Supreme Court, Appellate Division, Third Department, SCHIRICK, J.
Kenneth J. Dugan for appellant.
John J. Donohue, Edward N. Scheiberling and John M. Schneider for respondent.
Judgment of Appellate Division reversed and that of Trial Term affirmed, with costs in this court and in the Appellate Division on the ground that there is no evidence sufficient to establish negligence on the part of the defendant Donahue. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS and DESMOND, JJ. Dissenting: CONWAY, J.