Argued January 21, 1942
Decided March 19, 1942
Appeal from the Supreme Court, Appellate Division, Second Department, DALY, J.
Jeremiah J. Riordan and Thomas J. O'Neill for appellant.
Fred L. Gross for respondent.
Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that questions of fact were presented for the determination of the jury in regard both to the defendant's negligence, and plaintiff's freedom from contributory negligence. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.