Appellate Division of the Supreme Court of New York, 1938

Renegar v. Barry

Renegar v. Barry
Appellate Division of the Supreme Court of New York · Decided March 23, 1938
254 A.D. 643; 3 N.Y.S.2d 1023; 1938 N.Y. App. Div. LEXIS 6853
Renegar v. Barry

Opinion of the Court

Judgment and order affirmed, with costs. All concur, except Lewis and Taylor, JJ., who dissent and vote for reversal on the law and the facts and for dismissal of the complaint on the ground that the record discloses no actionable negligence toward *644the plaintiff. (The judgment is for plaintiff in an action for personal injuries sustained on a ball diamond at an amusement park. The order denies a motion for a new trial.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.

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