Majority
p. 928William Estabrook, Appellant, v. Newburgh Light, Heat and Power Company, Respondent, Impleaded with Orange County Traction Company, Defendant.
—We think, under the authority of McDonald v. Metropolitan St. R. Co. ( 167 N. Y. 66 ), the case should have been submitted to
p. 929
the jury. Judgment and order reversed and new trial granted, costs to abide the event. Jenks, P. J., Thomas, Carr, Woodward and Rich, JJ., concurred.
Cases cited
- McDonald v. Metropolitan Street Railway Co. 167 N. Y. 66 p. 928