Majority
p. 786Samuel Weisberg, Appellant, v. Benjamin A. Griffin, Trading under the Name and Style of East Williston Coal Company, and Aarnron Barnes, Respondents.
Judgment of the County Court of Nassau county reversed on the law and a new trial ordered, costs to appellant to abide the event. In our opinion the questions of negligence and contributory negligence -should have been submitted to the jury and the nonsuit at the end of the plaintiff’s case was improper. Lazansky, P. J., Young, Kapper, Scudder and TompMns, JJ., concur.