Counter v. New York Telephone Co. — 259 N.Y. 554

Majority

p. 554

Oliver F. Counter, Appellant, v. New York Telephone Company, Respondent. Emma Counter, Appellant, v. New York Telephone Company, Respondent.

(Argued March 30, 1932;

decided April 26, 1932.)

p. 555

James S. Kiley and Jere M. Cronin for appellants.

Charles J. Herrick for respondent.

In each action judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division. Held, the question of negligence was properly submitted to the jury. No opinion.

Concur: Pound, Ch. J., Crane, Lehman, O’Brien, Hubbs and Crouch, JJ. Not sitting: Kellogg, J.