The judgment and order appealed from should be reversed and a new trial ordered, with costs to appellant tó abidé the event, upon the ground that the evidence failed to show that plaintiff: was free from contributory negligence.
Present — Ingraham, P, J.,. McLaughlin, Laughlin, Miller and Dowling, JJ.Judgment reversed, new trial ordered, costs to appellant to abide event, on the ground that the plaintiff failed to show freedom from contributory negligence. •