Sirota v. Shacknovitz

Upon reargument, judgment reversed on the law, and a now trial granted, with costs to abide the event, upon authority of Happel v. Lehigh Valley Railroad Co. (210 App. Div. 461) and O’Connor v. Webber (239 N. Y. 191). Kelly, P. J., Rich, Jaycox and Young, JJ., concur, Kelby, J., dissents on the ground that the situation presented in the .case at bar is different from the Happel ease.