Opinion
April, 1928.
Judgment dismissing complaint reversed upon the law and the facts, and a new trial granted, costs to abide the event, upon the ground that plaintiff made out a prima facie case on both the questions of negligence and contributory negligence, which required submission to the jury. Lazansky, P.J., Young, Kapper and Scudder, JJ., concur; Rich, J., dissents.