Dosztal v. Kotten — 150 N.Y.S. 1083

Majority

p. 1083

DOSZTAL, Respondent, v. KOTTEN, Appellant.

(Supreme Court, Appellate Division, First Department.

December 24, 1914.)

Headnote

Action by Hellene Dosztal, as administratrix, against H. G. Kotten. G. P. Fall, of New York City, for appellant. Henry Leon Slobodin, of New York for respondent.

Judgment and order affirmed, with costs.

DOWLING and HOTCHKISS, JJ., dissent, and vote for reversal and dismissal of complaint, on the ground that there is no proof of the defendant’s negligence, or of the absence of contributory negligence on the part of the plaintiff. Order filed.