Opinion
March 19, 1952.
Present — Taylor, P.J., McCurn, Vaughan, Kimball and Piper, JJ.
Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: Granting to appellant, as we must, every inference warranted by the evidence, it is our opinion that the record presents issues of fact for determination by the jury. In sending the case back for trial we do not indicate that plaintiff is entitled to prevail. All concur. (Appeal from a judgment dismissing the complaint of Winifred Albright, in a negligence action.)