Berkson v. Village of Richfield Springs — 300 N.Y. 720

Majority

p. 720

Ruta Berkson, Appellant v. Village of Richfield Springs, Respondent. William J. Berkson, Appellant, v. Village of Richfield Springs, Respondent. (Consolidated Actions.)

Argued March 2, 1950;

decided April 6, 1950.

p. 721

Louis E. KroTm for appellants.

Livingston 8. Latham for respondent.

Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that there was evidence of breach of duty by the defendant which was proper for submission to the jury. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.