Symanski v. New York & Queens Electric Light & Power Co.

Majority

p. 862

Edward Symanski, an Infant, by Stanislaw Symanski, His Guardian ad Litem, Respondent, v. New York and Queens Electric Light and Power Company, Appellant.

Judgment and order affirmed, with costs. No opinion. Rich, Jaycox, Manning and Young, JJ., concur; Kelly, P. J., dissents upon the ground that the verdict is against the evidence, and because the evidence did not warrant a finding that defendant in the exercise of reasonable care should have anticipated danger from wires placed at the height shown in the photographs in this case. The infant plaintiff says that he did not touch any wire.