Opinion
May 24, 1950.
Present — Taylor, P.J., McCurn, Love, Vaughan and Kimball, JJ.
Judgment reversed on the law and the 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 as to the defendant's negligence and plaintiff's freedom from contributory negligence. All concur. (The judgment appealed from dismisses the complaint in a negligence action.)