Opinion
May 24, 1944.
Present — Cunningham, P.J., Taylor, Dowling, Harris and McCurn, JJ.
Judgment and order reversed on the law, with costs, and complaint dismissed, with costs, on the ground that the evidence does not show negligence or freedom from contributory negligence. All concur, except McCurn, J., who dissents and votes for affirmance, and Dowling, J., not voting. (The judgment is for plaintiff in a negligence action. The order denies a motion for a new trial.)