Opinion
September 30, 1955.
Present — McCurn, P.J., Vaughan, Kimball, Wheeler and Van Duser, JJ.
Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the evidence presented questions of fact as to negligence and contributory negligence. All concur. (Appeal from a judgment of Erie Trial Term for defendant on a directed verdict for no cause of action in an automobile negligence action. The order denied a motion for a new trial.)