La Plante v. State

278 A.D. 739 | N.Y. App. Div. | 1951

— Judgment affirmed, without costs of this appeal to either party. All concur, except McCurn and Wheeler, JJ., who dissent and vote for reversal and for granting a new trial on the ground that the finding that plaintiff’s intestate was guilty of contributory negligence is against the weight of evidence. (Appeal from a judgment dismissing a claim for negligent operation of a snowplow.) Present — Taylor, P. J., McCurn, Vaughan, Piper and Wheeler, JJ. [200 Mise. 396.]