Sturman v. New York Central Railroad

Martin, P. J. (dissenting).

I dissent and vote to reverse the judgment and to dismiss the complaint. The accident in which the plaintiff was injured “ happened solely through ” the “ negligence ” of the driver of the automobile in which she was a passenger. (Sturman v. State of New York, 244 App. Div. 865; affd., 269 N. Y. 627.)