Concurring in part and dissenting in part
p. 999William C. Keeley, Respondent, v. R. H. Howes Construction Company, Appellant.
Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that upon the question of defendant’s negligence the verdict of the jury is against the weight of the evidence. A11 concurred, except Foote and Lambert, JJ., who voted for reversal and dismissal of the complaint upon the ground that no actionable negligence was shown.