McCabe v. Rosoff Haulage Co. — 250 N.Y. 610

Majority

p. 610

Marshall McCabe, Respondent, v. Rosoff Haulage Company, Appellant.

(Argued March 26, 1929;

decided April 16, 1929.)

Lyman A. Spalding, Arthur McCausland and William J. Nolan for appellant.

James M. Gorman and Paul Speer for respondent.

Judgment of the Appellate Division and that of the Trial Term reversed and complaint dismissed, with costs

p. 611

in all courts upon the ground that the plaintiff has failed to prove that the accident occurred without negligence on his part contributing thereto; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.