Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event, on the ground that there was a jury question as to the defendant’s negligence. All concur, except Crosby, P. J., and Taylor, J., who dissent and vote for affirmance. (The judgment dismisses the complaint in a negligence action.) Present — Crosby, P. J., Taylor, Dowling, Harris and McCurn, JJ.