Majority
p. 821Elizabeth T. Mace, as Administratrix, etc., of Francis J. Mace, Deceased, Respondent, v. Charles Moscarelli, Appellant.
Judgment and order affirmed, with costs. No opinion. Rich, Jaycox and Kelby, JJ., concur; Kelly, P. J., and Kapper, J., dissent and vote to reverse and dismiss the complaint upon the ground that there was no evidence upon which a finding of negligence could be predicated, and that the proof affirmatively established the contributory negligence of the plaintiff’s intestate.