Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Burke and Foster. Judge Van Voorhis dissents and votes to reverse and to dismiss the complaint upon the ground that no actionable negligence was proved against appellant.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Burke and Foster. Judge Van Voorhis dissents and votes to reverse and to dismiss the complaint upon the ground that no actionable negligence was proved against appellant.