Opinion
July, 1917.
Judgment reversed and new trial granted, costs to abide the event, upon the ground that it was for the jury to say whether it was negligence upon the part of the motorman to open the valve at the time and place and under the circumstances established by the evidence. In this case the act is not like that in the case of Hoag v. South Dover marble Co. ( 192 N.Y. 412). Jenks, P.J., Stapleton, Rich, Putnam and Blackmar, JJ., concurred.