Butensky v. Goldberg

Judgment reversed on the law and a new trial granted, costs to appellant to abide the event. There was a question of fact as to the negligence of defendant. (Greenley v. Miller’s, Incorporated, 111 Conn. 584 .) Lazansky, P. J., Carswell and Davis, JJ., concur; Kapper and Hagarty, JJ., dissent and vote to affirm. (Wein v. Woolworth Co., 223 App. Div. 794 ; Woolworth & Co. v. Conboy, 170 Fed. 934 ; Lord v. Sherer Dry Goods Co., 205 Mass. 1 .)