Opinion
Argued November 29, 1938
Decided January 3, 1939
Appeal from the Supreme Court, Appellate Division, Fourth Department.
Abram Harpending and C.N. Whitman for appellant.
Nicholas J. Weldgen for respondent.
Judgments reversed and complaint dismissed, with costs in all courts. We find no evidence of negligence. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, LOUGHRAN, FINCH and RIPPEY, JJ. Taking no part: HUBBS, J.