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 *619was 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.