Flinn v. American Engine Co.

PER CURIAM. Judgment and order reversed, and new trial granted, costs to abide the event, on the authority of Flinn v. Medical Ass’n, 64 App. Div. 490, 72 N. Y. Supp. 243. We do not think the evidence on this trial establishes the fact that at the time of the occurrence complained of there was any reason to apprehend that the accident would be likely to result from the grounding of the wire. HOOKER, J., dissents.