Majority
p. 953Annie Davidson, as Administratrix, etc., of John Davidson, Deceased, Respondent, v. The Brooklyn Heights Railroad Company, Appellant.
— Judgment reversed and new trial granted, costs to abide the event, on the ground that the plaintiff has failed to establish the cause of action alleged in the complaint, and that the proof failed to establish any such defect in the condition of the pavement at the place of the accident as to charge the defendant with negligence. Jenks, P. J., Thomas, Stapleton, Rich and Putnam, JJ., concurred.