Opinion
April, 1927.
Order dismissing complaint, and judgment entered thereon, reversed upon the law, and new trial granted, with costs to appellant to abide the event, for the reason that at the close of plaintiff's case in chief the evidence presented a question of fact as to negligence and contributory negligence which required submission to the jury. Kelly, P.J., Young, Kapper, Lazansky and Hagarty, JJ., concur.