Appellate Division of the Supreme Court of the State of New York May 12, 1933 (Serina v. New York Railways Corp.)

O'Malley, J. (dissenting).

Upon the argument respondent’s counsel conceded that a question for the jury was presented unless the triers of the fact were bound to accept respondent’s claim that *305the wheels of the rear truck of the east-bound car remained on the rails of the east-bound track.