Judgment and order affirmed, with costs. All concur, except Rhodes, J., who dissents and votes to reverse, and to dismiss the complaint, on the *753ground that no negligence has been shown on the part of the defendant. McNamee, J., not voting.
Judgment and order affirmed, with costs. All concur, except Rhodes, J., who dissents and votes to reverse, and to dismiss the complaint, on the *753ground that no negligence has been shown on the part of the defendant. McNamee, J., not voting.