Majority
p. 575Joseph A. Stafford, Appellant, v. New York Central Railroad Company, Respondent. Argued January 17, 1938; decided March 1, 1938.
p. 576
W. Tobin Lennon for appellant.
John E. Leach, Franklin R. Brown and Mark N. Turner for respondent.
Judgment of the Appellate Division dismissing the complaint modified by granting a new trial, with costs to abide the event. The evidence made a question for the jury, and the complaint should not have been dismissed. No opinion.
Concur: Crane, Ch. J., Lehman, O’Brien, Loughran, Finch and Rifpey, JJ. Taking no part: Htjbbs, J.