| N.Y. App. Div. | Apr 30, 1952
All concur, except Piper, J., who dissents and votes for reversal and for granting a new trial, on the ground that the plaintiff failed to prove his own freedom from contributory negligence or that the defendant was negligent. (Appeal from a judgment for plaintiff in a negligence action. The order denies a motion for a new trial.) Present — Taylor, P. J., McCurn, Vaughan, Piper and Wheeler, JJ.