Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event upon the ground that the verdict was against the weight of the evidence on the question of negligence. All concur, except Taylor, J., who dissents and votes for affirmance in a memorandum. Present • — • Sears, P. J., Crouch, Taylor, Edgcomb and Crosby, JJ.