Judgment reversed on the law, with costs, and complaint dismissed, with costs. Plaintiff failed to show any actionable negligence against the defendant, or that he was free from contributory negligence. Young, Kapper and Tompkins, JJ., concur; Lazansky, P. J., and Seudder, J., concur for reversal but dissent as to the dismissal of the complaint and vote for a new trial.