Majority
p. 612Thomas Cannon, Respondent, v. Victor J. Dowling and Another, as Receivers of the Interborough Rapid Transit Company, Appellants.
Judgment reversed, with costs, and the complaint dismissed on the merits, with costs, on the ground that no actionable negligence on the part of the defendants was established. (See Kelly v. Manhattan R. Co., 112 N. Y. 443 , and Hirsh v. Interborough R. T. Co., 229 App. Div. 703 .) Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, JJ.
Cases cited
- Kelly v. Manhattan Railway Co. 112 N. Y. 443 p. 612