Judgment and order reversed on the law and a new trial granted, with costs to the appellant to abide the event, on the ground that the record is barren of evidence of negligence on the part of the defendant. (See Creenan v. International Railway Company, 139 App. Div. 863.) All concur. Present — Sears, P. J., Crouch, Taylor, Edgeomb and Crosby, JJ.