In an action to recover damages for the death of the plaintiff’s intestate through the negligence of the respondent, judgment dismissing the complaint reversed on the law and the facts and a new trial granted, costs to abide the event. In the opinion of tMs court, the evidence presented a question of fact for the jury. (Hart v. Hudson River Bridge Co., 80 N. Y. 622.) Hagarty, Davis, Adel, Taylor and Close, JJ., concur.