Majority
p. 945James Slattery, an Infant, by John Slattery, His Guardian ad Litem, Respondent, v. Kerbstone Realty Corporation, Appellant.
Judgment and order affirmed, with costs. No opinion. Rich and Jaycox, JJ., concur; Putnam, J., concurs on the ground that the question of a nuisance was a matter for the jury, and the verdict was sustained by the effort to cover the spindle with a box before the accident; Kelly, J., dissents on the ground that the facts did not justify the finding that the spindle in question constituted a nuisance (MacRae v. Chelsea Fibre Mills, 145 App. Div. 588 ), with whom Blaekmar, P. J., concurs.