Opinion
May 11, 1961
Appeal from the Erie Trial Term.
Present — Williams, P.J., Goldman, Halpern, McClusky and Henry, JJ.
Judgment insofar as it relates to defendant Van Dyke Taxi and Transfer, Inc., unanimously affirmed, without costs of this appeal to either party; judgment insofar as it relates to defendant New York, Chicago St. Louis Railroad Company, unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: A question of fact was presented which should have been submitted to the jury, as to whether the defendant railroad company was negligent.