Quigley v. Levering

Van Brunt, P. J.:

I concur. I do not think that there would be any negligence on the part of the defendants shown if the automatic device was out of order. The trolley would have been a proper machine without it, as is conceded; and the endeavors of the defendants to' make the machine safer than a proper machine would be ought not to be made the means of fastening a liability upon them.

Rumsey, Patterson and McLaughlin, JJ., concurred.

Judgment and order affirmed, with costs.