Judgment and order reversed and new trial granted, costs to abide the event, on authority of Hayes v. Brooklyn Heights Railroad Co. (200 N. Y. 183). Burr, Thomas and Rich, JJ., concurred; Jenks, P. J., and Stapleton, J., dissented.
Judgment and order reversed and new trial granted, costs to abide the event, on authority of Hayes v. Brooklyn Heights Railroad Co. (200 N. Y. 183). Burr, Thomas and Rich, JJ., concurred; Jenks, P. J., and Stapleton, J., dissented.