Opinion
June 24, 1938.
Present — Martin, P.J., Glennon, Dore, Cohn and Callahan, JJ.; Martin, P.J., and Callahan, J., dissent and vote to dismiss the complaint on the ground that contributory negligence was established as matter of law.
Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, on the ground that the verdict was against the weight of the credible evidence.