Appellate Division of the Supreme Court of the State of New York May 15, 1928 (Gentile v. Boston)

Van Kirk, P. J. (dissenting).

The judgment should be reversed and a new trial granted. There is not evidence to support a finding by the jury that defendant was negligent. Under the circumstances existing no reasonable person would have foreseen that such an accident would or might happen to a passerby on the street; to fail to foresee and guard against such an accident is not negligence.