Majority
p. 996Dorothy C. Rechtweg, as Administratrix, etc., of Morris K. Rechtweg, Deceased, Respondent, v. The City of New York, Appellant.
Action to recover damages for wrongful death of plaintiff’s intestate by reason of the collision of an automobile, driven by the decedent, with a trolley pole located in the middle of Queens boulevard near Fifty-fourth avenue, in the borough of Queens. Judgment in favor of plaintiff affirmed, with costs. No opinion. Hagarty, Taylor and Close, JJ., concur; Johnston and Adel, JJ., dissent and vote to reverse the judgment on the facts and to grant a new trial on the ground that on the issues of negligence and contributory negligence the verdict is against the weight of the evidence.