Majority
p. 938Stanislaus Demek, an Infant, by Frank Demek, His Guardian ad Litem, Appellant, v. Burns Brothers, Respondent.
Judgment reversed and a new trial granted, with costs to the appellant to abide the event, on the ground that upon this record it cannot be said that there was no evidence upon the issues of negligence and contributory negligence so as to warrant taking the determination thereof from the jury. Present — Clarke, P. J., Laughlin, Smith, Merrell and Philbin, JJ.