¶1Judgment and order affirmed, with costs. No opinion. Rich, Jaycox and Kelby, JJ., concur; Kelly, P. J., and Kapper, J., dissent and vote to reverse and dismiss the complaint upon the ground that there was no evidence upon which a finding of negligence could be predicated, and that the proof affirmatively established the contributory negligence of the plaintiff’s intestate.
214 A.D. 821
Mace v. Moscarelli
Appellate Division of the Supreme Court of the State of New York
Decided July 15, 1925
Appellate Division of the Supreme Court of the State of New York · decided 1925-07-15
Decided 1925-07-15