Opinion
Argued February 24, 1958
Decided March 27, 1958
Appeal from the Appellate Division of the Supreme Court in the first judicial department, ROCCO A. PARELLA, J.
Benjamin H. Siff and Julian A. Hertz for appellants.
William F. McNulty and Frederick Mellor for respondent.
Judgment reversed and a new trial granted as to each plaintiff, with costs to abide the event, upon the ground that this record presented questions of fact for a jury as to negligence and contributory negligence. No opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD and FROESSEL. Judges VAN VOORHIS and BURKE dissent and vote to affirm upon the Per Curiam opinion in the Appellate Division.