Majority
p. 818Francis X. Yeoman, Respondent, v. William Kenny, Appellant.
Judgment and order affirmed, with cost. All concur, except Sears, P. J., who dissents and votes for reversal on the law on the ground that the negligence of the plaintiff was a question of fact for the jury. Present — Sears, P. J., Crouch, Taylor, Edgcomb and Crosby, JJ.