Opinion
November, 1923.
Judgment of the County Court of Kings county reversed upon the law and the facts, and a new trial ordered, costs to abide the event, on the ground that the charge of the court on the question of contributory negligence, at folio 179, and the remarks of the learned trial court at folios 183, 186 and 187 constitute reversible error. ( Dambmann v. Metropolitan Street R. Co., 180 N.Y. 384, 387.) Rich, Jaycox and Manning, JJ., concur; Kelly, P.J., and Young, J., dissent.