Majority
p. 810Charles W. Johnson, an Infant, by Gustav Johnson, His Guardian ad Litem, Appellant, v. The Schaefer Company, Respondent. Gustav Johnson, Appellant, v. The Schaefer Company, Respondent.
Judgments affirmed, "with costs. No opinion. Present — Dowling, P. J., Merrell, Finch, Martin and Sherman, JJ.; Finch and Sherman, JJ., dissent and vote for reversal and a new trial on the ground that an issue of fact was involved which should have been submitted to the jury, on the authority of Wood v. Third Avenue R. R. Co. ( 91 Hun, 276 , at p. 277; affd., 157 N. Y. 696 ).
Cases cited
- Wood v. Third Avenue Railroad 157 N. Y. 696 p. 810