Judgment and order reversed on the law, and a new trial granted, with costs to abide the event, because of error in the charge of the trial court at folios 394, 395, and the refusal to charge at folios 398-400. ( Vanderborg v. City of New York, 158 App. Div. 297.) Rich, Jaycox, Manning and Kelby, JJ., concur; Kelly, P.J., dissents upon the ground that a question of fact was presented as to defendant's negligence. ( Moshier v. City of New York, 190 App. Div. 111, and cases cited.)