Judgment affirmed, with costs. All concurred, except McLennan, P. J., and Foote, J., who dissented upon the ground that as matter of law plaintiff failed to establish his freedom from contributory negligence.
Judgment affirmed, with costs. All concurred, except McLennan, P. J., and Foote, J., who dissented upon the ground that as matter of law plaintiff failed to establish his freedom from contributory negligence.