Opinion
November, 1905.
Judgment and order reversed and new trial ordered, with costs to the appellant to abide event. McLennan, P.J., and Nash, J., voted for reversal upon the grounds that, as matter of law, the defendant was not guilty of negligence, and that the plaintiff was guilty of contributory negligence; Spring and Hiscock, JJ., voted for reversal upon the ground that the verdict of the jury that the plaintiff was free from contributory negligence was against the weight of the evidence; Williams, J., voted for affirmance.