Dosztal v. H. G. Kotten Co. , 165 A.D. 986 ( 1914 )

Ho opinion. Present — Ingraham, P. J., McLaughlin, Laughlin, Dowling and Hotchkiss, JJ.; Dowling and Hotchkiss, JJ., dissented and voted for reversal and dismissal of complaint on the ground that there was no proof of the defendant’s negligence or of the absence of contributory negligence on the part of the plaintiff [intestate],