We think that there was a question of fact for the jury and that upon the evidence the learned trial judge was not justified in directing a verdict for the defendant. The judgment and order appealed from should be reversed and a new trial ordered, with costs to appellant to abide event. Present — Ingraham, P. J., McLaughlin, Laughlin, Miller and Dowling, JJ.; McLaughlin, J., dissented. Judgment and order reversed and new trial ordered, with costs to appellant to abide event.