Chiocchi v. Orfinger

Judgment *741reversed and new trial ordered, with costs to the appellant to abide the event, on the ground that there was an issue of fact as to the control of the automobile which should have been submitted to the jury. Present — Dowling, P. J., Finch, MeAvoy, Martin and O’Malley, JJ.; O’Malley, J., dissents.