Majority
p. 917Bridget Conroy, as Administratrix, etc., of Michael Conroy, Deceased, Appellant, v. Samuel I. Acken and Others, Defendants, and the Pelham Operating Company, Respondent.
Judgment reversed and new trial granted, costs to abide the event, on the ground that the question in whose service the respondent’s engineer was engaged at the time of the accident should have been submitted on the pro,of to the jury.. Hirschberg, P. J., Bartlett, Jenks, Rich and Miller, JJ., concurred.