Carter v. Ruby Trucking Co.

Judgment reversed upon the law and the facts, with costs, and complaint dismissed, with costs. The record does not establish defendant’s negligence and it does affirmatively establish decedent’s contributory negligence. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Rich, Carswell, Scudder and Tompkins, JJ., concur; Lazansky, P. J., concurs upon the ground first stated. Settle order on notice.