
    (January 26, 1940.)
    Frances Newman Sturman, Respondent, v. The New York Central Railroad Company, Appellant.
   Judgment affirmed, with costs. No opinion.

Present—Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.; Martin, P. J., and Cohn, J., dissent in separate memoranda.

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.)

Cohn, J. (dissenting).

I dissent and vote to reverse the judgment and grant a new trial solely upon the ground that the amount of the verdict is excessive. In my view the judgment should be reversed and a new trial ordered unless plaintiff stipulates to reduce the verdict to the-sum of $65,000.  