| N.Y. App. Div. | Feb 23, 1940
Judgment affirmed, with costs. No opinion. Present — Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.; Cohn, J., dissents and votes to reverse the judgment and grant a new trial upon the ground that on the evidence adduced the issue as to defendant’s negligence was a question of fact for the jury to determine.