Northup v. Gage — 5 N.Y.2d 863

Majority

p. 863

Nina Northup, an Infant, by Carlton E. Northup, Her Guardian ad Litem, Respondent-Appellant, v. Gilbert Gage, Respondent, and Robert Ulmer, Appellant. Carlton E. Northup, Respondent-Appellant, v. Gilbert Gage, Respondent, and Robert Ulmer, Appellant.

Argued November 6, 1958;

decided November 21, 1958.

p. 865

William J. McDonald for appellant.

Thomas Croucher for respondents-appellants.

Richard H. Conners for respondent.

Judgments affirmed, with costs to plaintiffs payable by defendant Ulmer and with costs to defendant Gage payable by plaintiffs; no opinion.

Concur: Chief Judge Conway and Judges" Desmond, Fuld, Froessel and Burke. Judges Dye and Van Voorhis dissent and vote to reverse and to dismiss the complaint against defendant Ulmer upon the ground that as a matter of law the accident resulted solely from the negligence of defendant Gage.