Opinion
Argued May 20, 1949
Decided June 3, 1949
Appeal from the Supreme Court, Appellate Division, Second Department, DAVIS, J.
Arthur H. Ellis for appellant.
John A. Wallace and John E. Tobin for respondent.
Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that the issues as to negligence and contributory negligence were proper for submission to the jury. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and BROMLEY, JJ.