Judgments reversed and a new trial granted with costs to the appellant to abide the event upon the ground that there was a question of fact as to the defendant's negligence which should have been submitted to the jury. No opinion.
Concur: LOUGHRAN, Ch. J., CONWAY, DESMOND and CLOSE*, JJ. Dissenting: LEWIS and DYE, JJ. Taking no part: MEDALIE, J.
* Designated pursuant to section 5 of article VI of the State Constitution in place of THACHER, J., disqualified. *Page 656