Dowler v. Johnson — 171 A.D. 935

Majority

p. 935

Frank M. Dowler, an Infant, by Frank Dowler, His Guardian ad Litem, Appellant, v. Joseph Johnson, Respondent. Frederick Kroenke, an Infant, by Henry F. Kroenke, His Guardian ad Litem, Appellant, v. Joseph Johnson, Respondent.

Headnote

Appeal from judgments of the Supreme Court, entered in the Few York county clerk’s office on the 16th day of February, 1915, dismissing complaints after a trial at Trial Term.

Judgments affirmed, with costs. Ho opinion. Present—Ingraham, P. J., Laughlin, Clarke, Dowling and Smith, JJ.; Dowling and Smith, JJ., dissented upon the ground that the evidence authorizes the inference that the defendant was guilty of negligence co-operating with the negligence of the chauffeur to cause the accident.