Opinion
April, 1921.
Judgment and order reversed and new trial granted, costs to abide the event, on the authority of Kavanagh v. New York, Ontario Western R. Co. [ 196 App. Div. 384], decided herewith. Rich, Blackmar and Jaycox, JJ., concur; Mills, J., votes to affirm upon the ground that the term "negligence" used in the portion of the charge criticised was intended to include the idea of proximate cause, with whom Jenks, P.J., concurs.