| N.Y. App. Div. | Nov 25, 1938

Judgment reversed, with costs, and judgment directed in favor of the defendant, with costs, on the ground that no actionable negligence on the part of the defendant is shown. Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.; O’Malley and Cohn, JJ., dissent and vote for affirmance.

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