Majority
p. 1100BRENNAN, Respondent, v. TRUSTEES OF VILLAGE OF BATH, Appellant. (Supreme Court, Appellate Division, Fourth Department. April 4, 1914.)
Headnote
Action by Johauna Brennan as adniinistratrix, etc., against the Trustees o~ the Village of Bath.Judgment and order affirmed, with costs. See, also, 143 App. Div. 740 , 128 N. Y. Supp. 204 .
FOOTE and MERRELL, JJ., dissent upon the grounds: (1) That it däes not appear that the negligence 0f the defendant, if any, occasioned the death of the plaintiff's intestate; (2) that the deceased was not shown free from contributory negligence.