Majority
p. 969Robert McPherson, Appellant, v. Earl Brahler, Respondent.
Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: The proof was sufficient to present questions of fact as to the negligence of the defendant and the freedom from contributory negligence of the plaintiff. All concur. (The judgment dismisses the complaint in an automobile negligence action.) Present — Crosby, P. J., Cunningham, Taylor, Harris and McCurn, JJ.