Opinion
November, 1929.
Present — Sears, P.J., Taylor, Edgcomb, Thompson and Crosby, JJ.
Judgment affirmed, with costs. All concur, except Taylor, J., who dissents and votes for reversal and granting a new trial on the ground that under the testimony that defendant was driving at the rate of forty miles per hour and upon his left of the center of the highway, the question whether his negligence was a proximate cause of the mishap was one of fact for the jury.