Opinion
March 21, 1940.
Present — Martin, P.J., Untermyer, Dore, Cohn and Callahan, JJ.; Dore and Callahan, JJ., dissent and vote to reverse and grant a new trial on the ground that the issue of control was, under all the facts and circumstances disclosed in the evidence, an issue of fact for the jury.
Judgment and order affirmed, with costs. No opinion.