Bals v. Champlain Coach Lines, Inc.

Judgment affirmed, with costs. No opinion.

Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.; Martin, P. J., and Dore, J., dissent and vote for reversal. Dissenting memoranda by Martin, P. J., and Dore, J.

I also dissent and vote for reversal of the judgment in

plaintiff’s favor, but for a new trial, on the ground that the jury’s verdict is against the weight of the credible evidence.

The photographs, plaintiff’s Exhibit 16 and defendant’s Exhibits G and P, coupled with the other evidence, clearly proved the condition of the roadway. It is evident therefrom that the only depression in this roadway was one such as is usually found in roadways of this character. There was no obstruction or substantial defect shown and no actionable negligence established.

I, therefore, dissent and vote for reversal of the judgment and dismissal of the complaint.