Judgment and order affirmed, with costs. .All concurred, except McLennan, P. J., and Williams, j., who dissented upon the ground that there'is no evidence tending to establish negligence on the part of the defendant which was the proximate cause of the' plaintiff’s injury; that plaintiff failed to establish his freedom from contributory negligence and upon the further ground that the court committed reversible error in refusing to charge as requested by the defendant.