Jobman v. T. Hogan & Sons, Inc. (216 A.D. 736, 1926)

Judgment and order affirmed, with costs, pursuant to section 106 of the Civil Practice Act. Present — Clarke, P. J., Dowling, Merrell, Finch and McAvoy, JJ.; Clarke, P. J., and Dowling, J., dissent.

Dowling, J. (dissenting):

I dissent upon the ground that, in my opinion, the record fails to disclose any proof of negligence on the part of the defendant, and, further, because of the error of the court in charging as a matter of law that witnesses employed by Hogan & Sons, Inc., and not connected in any way with the happening of the accident, were interested witnesses. (Hoffman v. Florida East Coast Hotel Co., 187 App. Div. 146.) Clarke, P. J., concurs.