Empire State Ice Co. v. Rochester & Lake Ontario Water Service Corp. (274 N.Y. 186, 1937)

New York Court of Appeals 1937-04-27

Citations

Full opinion text

Per Curiam.

We find in the record no evidence of negligence, even though the duty of the defendant is not to be measured as if the relationship between the parties were that of owner and licensee.

The judgments should be reversed and' a new trial granted, with costs to abide the event. ■ '

Crane, Ch. J., Lehman, O’Brien, Loughran and Finch, JJ., concur; Hubbs and Rippey, JJ.; dissent.

Judgments reversed, etc.