Caputo v. . Kosmos Engineering Company

Judgment affirmed, with costs as to appellant Kosmos Engineering Company. Judgment as against the appellant the City of New York reversed, new trial granted, costs to abide event, on the ground that there was no evidence of that defendant’s negligence to go to. the jury on the issue that was submitted to it by the trial court for determination; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.