Opinion
July 14, 1955.
Present — Vaughan, J.P., Kimball, Piper, Wheeler and Van Duser, JJ.
Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: We think on the record as before us, that it was error to hold that contributory negligence has been established "by disinterested witnesses" as a matter of law. In our judgment, the evidence presented precludes disposition of that question "as a matter of law". All concur. (Appeal from a judgment of Steuben Trial Term dismissing plaintiff's complaint in an automobile negligence action.)