Opinion
May 14, 1943.
Present — Crosby, P.J., Cunningham, Taylor, Dowling and Harris, JJ.
Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the evidence presented questions of fact for the jury. All concur. (The judgment dismisses the complaint in an action under the Federal Employers' Liability Act [U.S. Code, tit. 45, § 51 et seq.].)