Opinion
January 24, 1951.
Present — McCurn, Vaughan, Kimball, Piper and Wheeler, JJ.
Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: The record presents questions of fact as to defendants' negligence and plaintiff's freedom from contributory negligence which should be passed upon by the jury. (See Kelly v. Blendinger, 289 N.Y. 718. ) All concur. (Appeal from a judgment for respondents in an automobile negligence action.)