Jennings v. Delaney — 255 N.Y. 626

Majority

p. 626

John Jennings, an Infant, by Michael Jennings, His Guardian ad Litem, Appellant, v. Albert Delaney, Respondent.

(Argued January 13, 1931;

decided February 10, 1931.)

p. 627

Leonard F. Fish and Harry Zeitlan for appellant.

Louis E. Schwartz and James J. Dooling for respondent.

Judgment affirmed, with costs, on the ground that, irrespective of the ordinance, the plaintiff as matter of law is chargeable with contributory negligence; no opinion.

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