Judgment reversed on the law and a new trial granted, costs to abide the event. The proofs presented by the plaintiff required submission of the case to the jury, as it was for the jury to determine whether or not the defendant was negligent in carrying so many passengers. ( Lehr v. Steinway Hunters Point R.R. Co., 118 N.Y. 556; Knaisch v. Joline, 138 App. Div. 854.) Kelly, P.J., Jaycox, Manning, Young and Kapper, JJ., concur.