Opinion
Argued April 23, 1948
Decided May 21, 1948
Appeal from the Supreme Court, Appellate Division, Third Department, MURRAY, J.
William E.J. Connor, Michael Le Sawyer and F. Walter Bliss for appellant.
Charles E. Nichols for respondent.
Judgments reversed and a new trial granted, with costs to abide the event, on the ground that the record presents questions of fact for a jury as to the negligence of the defendant and the contributing negligence of the plaintiff's intestate. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.