Appellate Division of the Supreme Court of the State of New York July 15, 1912 (Hobart v. Town of Tully)

Judgment and order reversed, and new trial granted, with costs to appellant to abide event, upon the ground that no actionable negligence of the defendant was shown. (See Flansburg v. Town of Elbridge, 205 N. Y. 423.) All concurred, McLennan, P. J., upon the additional ground that the plaintiff’s intestate was not shown free from contributory negligence, except Spring, J., who dissented.