Judgment and order reversed and new trial ordered, with costs to the appellant to abide the event. McLennan, P. J., and Hash, J., voted for reversal, on the ground that plaintiff, as matter of law, failed to establish freedom from- contributory negligence. Spring and Williams, J J., voted for reversal on the ground that the verdict is contrary to the evidence both as to the negligence of the defendant and contributory negligence of the plaintiff. Kruse, J., dissented and voted for affirmance.