Majority
p. 903Mariam Tashjian, as Administratrix, etc., Respondent, v. Edward A. Spengeman, Appellant.
Judgment and order reversed and new trial granted, with costs to appellant to abide event, on the ground that the finding of defendant’s negligence, and of decedent’s freedom from contributory negligence are against the evidence. Order to be settled on notice. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. (Ingraham, P. J., concurred in result.)