Opinion
May, 1914.
Present — Ingraham, P.J., McLaughlin, Clarke, Scott and Hotchkiss, JJ.
We think that the evidence in this case presented a question for the jury as to defendant's negligence and the freedom of the deceased from contributory negligence. The judgment and order appealed from should, therefore, be reversed and a new trial ordered, with costs to the appellant to abide the event.
Judgment and order reversed and new trial ordered, with costs to appellant to abide event. Order to be settled on notice.