Opinion
Submitted November 18, 1948
Decided December 3, 1948
Appeal from the Supreme Court, Appellate Division, Second Department, DALY, J.
Benjamin H. Siff and I. Henry Simon for appellant.
Robert J. Sykes, Joseph V. Gallagher, Jr., and Leo F. Potts for respondent.
Judgments reversed and a new trial granted, with costs to plaintiff-appellant to abide the event, upon the ground that the issues in respect of negligence and contributory negligence were for the jury. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ.