Majority
p. 749Thomas A. Mulcahy, an Infant, by Thomas Mulcahy, His Guardian ad Litem, Respondent, v. Michael Faughman, Appellant.
Judgment affirmed, with costs. No opinion. Present-—-Finch, P. J., Merrell, O’Malley, Sherman and Townley, JJ.; Merrell and Sherman, JJ., dissent and vote for reversal and dismissal of the complaint on the ground that there is no evidence of defendant’s negligence.