| N.Y. App. Div. | Jan 15, 1910
Judgment and order reversed and new trial ordered, with costs to appellant to abide event. McLennan, P. J., concurred, upon the ground that the defendant was not shown guilty of actionable negligence; Williams and Robson, JJ. concurred upon the ground that the verdict was contrary to and against the weight of the evidence; Spring and' Kruse, JJ., dissented and voted for affirmance.