Opinion
Argued January 12, 1955
Decided March 3, 1955
Appeal from the Supreme Court, Appellate Division, First Department, COHALAN, J.
Jacob D. Fuchsberg and B. Hoffman Miller for appellant.
Benjamin H. Siff, Frederick Mellor and John Tullman for respondent.
Judgment affirmed, with costs; no opinion.
Concur: DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE, JJ. CONWAY, Ch. J., and FULD, J., dissent and vote to reverse and to grant a new trial upon the ground that the record presents a question of fact for the jury as to contributory negligence.