Majority
p. 955John Blain, as Administrator, etc., of Charles Blain, Deceased, Appellant, v. Frederick Reiss and Others, Respondents.
Judgments reversed and new trial granted, costs to abide the event. The facts stated in the plaintiff’s opening required submission to the jury of the issues both as to the defendants’ negligence and the plaintiff’s contributory negligence. Mills, Putnam, Blackmar, Kelly and Jayeox, JJ., concurred.