Opinion
Argued October 18, 1928
Decided November 20, 1928
Appeal from the Supreme Court, Appellate Division, First Department.
Henry J. Smith and Ambrose Clogher for appellant.
Ralph Stout and Harry S. Austin for respondents.
Order of the Appellate Division reversed and judgment of the Trial Term affirmed, with costs in this court and in the Appellate Division on the ground that there is no sufficient basis for a finding of the defendant's negligence unless the plaintiffs' intestate when struck by the defendant's car was standing on the curb; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.