Opinion
October, 1916.
Judgment reversed and new trial granted, costs to abide the event. We think the case was for the jury. ( McGovern v. C.V.R.R. Co., 123 N.Y. 280; Rice v. Eureka Paper Co., 174 id. 385.) Jenks, P.J., Carr, Stapleton, Rich and Putnam, JJ., concurred.