Majority
p. 1039Sarah Gallub, as Administratrix of the Estate of Benjamin Gallub, Deceased, Appellant, v. Edward Cirillo et al., Respondents.
In an action to recover damages for negligence resulting in death, judgment dismissing the complaint at the close of the plaintiff’s ease reversed on the law and a new trial granted, with costs to the appellant to abide the event. Questions of fact arose during the trial which required the submission of the case to the jury. Close, P. J., Carswell, Johnston, Adel and Lewis, JJ., concur.