Majority
p. 875Jacob Harris, as Administrator, etc., Appellant, v. Ella S. Reed, Respondent.
Headnote
Appeal from a judgment of the Supreme Court, entered in the Hew York county clerk’s office on the 15th day of January, 1914, dismissing complaint at the close of plaintiff’s case upon a trial at Trial Term, and also from an order entered on the lGth day of January, 1914, denying a motion for a new trial.We think that the evidence in this case presented a question for the jury as to defendant’s negligence and the freedom of the deceased from contributory negligence. The judgment and order-appealed from should, therefore, be reversed and a new trial ordered, with, costs to the appellant to abide the event. Present — Ingraham, P. J., McLaughlin, Clarke, Scott and Hotchkiss, JJ. Judgment and order-reversed and new trial ordered, with costs to appellant to abide event. Order to be settled on notice.