March, 1935.
Present — Sears, P.J., Taylor, Edgcomb, Thompson and Lewis, JJ.
Judgment and order affirmed, with costs. All concur, except Lewis, J., who dissents and votes for reversal on the facts on the ground that the plaintiff was guilty of contributory negligence.
Full title:WORDEN MOTT, Respondent, v. ARTHUR C. MOORE and Another, Appellants
Court:Appellate Division of the Supreme Court of New York, Fourth Department
Date published: Mar 1, 1935
In this situation the courts have applied the collateral attack rule and have held that it will be presumed…