*581Order of the Appellate Division reversed and judgment of the Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground that there was a question of fact as to the defendant’s negligence; no opinion.
Concur: Pound, Kellogg, O’Brien and Hubbs, JJ. Dissenting: Gardozo, Ch. J., Crane and Lehman, JJ.