Majority
p. 750Joseph E. Johnson, Respondent, v. Alfred T. Gage, Appellant.
Judgment affirmed, with costs. All concur, except Sears, P. J., and Crosby, J., who dissent and vote for reversal on the ground that the plaintiff failed to establish freedom from contributory negligence as matter of law and fact. Present •—• Sears, P. J., Edgcomb, Thompson, Crosby and Lewis, JJ.