Appellate Terms of the Supreme Court of New York December 9, 1908 (Rosenstein v. New York, New Haven & Hartford Railroad)

lead-opinion

PER CURIAM.

Judgment affirmed, with costs. Appeal from orders dismissed.

dissent

MacLEAN, J.

(dissenting). I-n this action to recover damages for personal injuries occasioned by the fall of a window in a car of the defendant, a disinterested witness, one Hurley, testified for the defendant that the mother of the plaintiff, then a child 2y2 years of age, “raised the window a little