Majority
p. 814Thomas Nessinger, an Infant, by Melvin Nessinger, His Guardian ad Litem, Appellant, v. Ontario County Agricultural Society et al., Respondents. Melvin Nessinger, Appellant, v. Ontario County Agricultural Society et al., Respondents. Argued February 19, 1958; decided March 27, 1958.
p. 815
Samuel R. Levy and Francis 0. Hessney for appellants.
Albert E. Bond for Ontario County Agricultural Society, respondent.
Carrollton A. Roberts for Frederick L. Warder and another, respondents.
James FL. O’Connor for B. Heckerman Iron Works, Inc., respondent.
In each action: Judgment affirmed, without costs; no opinion.
Concur: Chief Judge Conway and Judges Dye, Fuld, Froessel, Van Voorhis and Burke. Judge Desmond dissents and votes to reverse upon the ground that the record presented questions of fact for the jury.