Majority
p. 663Helen Barrett, an Infant, by Mary Barrett, Her Guardian ad Litem, and Mary Barrett, Appellants, v. Union Railway Company of New York City, Respondent, Impleaded with Another. (Consolidated Actions.)
Judgment reversed and a new trial ordered, with costs to the appellants to abide the event, upon the ground that whether there existed negligence on the part of the defendant railway company, and whether it was a proximate cause contributing to the accident, were questions of fact of which there was some evidence in the record. Present — Dowling, P. J., Finch, MeAvoy, Martin and O’Malley, JJ.