Majority
p. 889Daniel F. Murphy, Appellant, v. Eugene S. Preston and David F. Davis, Respondents.
Judgment reversed and new trial granted, costs to abide the event, on the ground that under the proofs in this case the question of plaintiff’s freedom from contributory negligence was one of fact for the jury. Thomas, Carr, Rich and Stapleton, JJ., concurred; Burr, J., dissented.