Chadwick v. City of New York ( 1949 )

No opinion. Johnston, Adel and Sneed, JJ., concur; Nolan, P. J., and MacCrate, J., dissent and vote to reverse the order and judgment and to grant a new trial, with the following memorandum: A question of fact as to defendant’s negligence was presented which should have been submitted to the jury for their determination. (Woloszynowski v. New York Central R. R. Co., 254 N. Y. 206; Bragg v. Central New England Ry. Co., 228 N. Y. 54.)