Judgment of the Appellate Division reversed in so far as it dismisses the complaint and a new trial granted, with costs to abide the event, on the ground that there was a question of fact as to the defendant's negligence; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE and O'BRIEN, JJ. Dissenting: KELLOGG and HUBBS, JJ. Not sitting: LEHMAN, J.