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McNamee, J. (dissenting). None of the elements here regarded as negligence constitutes negligence as a matter of common law. No statute is involved. An accumulation of unrelated facts, none of which in themselves is negligent, do not constitute negligence. Negligence does not proceed from the lack of it.
Judgment affirmed, with costs.
Document Info
Judges: McNamee
Filed Date: 5/3/1939
Precedential Status: Precedential
Modified Date: 10/28/2024