Majority
p. 833Vincenti Malinowski, Respondent, v. Booth & Company, Inc., Appellant.
Judgment unanimously affirmed, with costs. No evidence is found in the record that would sustain a finding of contributory negligence on the part of the plaintiff and it follows that the error of the learned trial court in charging the comparative negligence rule was harmless. Present — Kelly, P. J., Rich, Manning, Young and Kapper, JJ.