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KATHRYN T. MARTIN, Respondent, v. FLORENCE DONAHUE, Appellant, Impleaded with Another.

Judgment of Appellate Division reversed and that of Trial Term affirmed, with costs in this court and in the Appellate Division on the ground that there is no evidence sufficient to establish negligence on the part of the defendant Donahue. No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS and DESMOND, JJ. Dissenting: CONWAY, J.

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MARTIN v. DONAHUE
(Dec 3, 1942)