Judgment and order affirmed, with costs. All concur, except Crosby, P. J., and Taylor, J., who dissent and vote for reversal and for dismissal of the complaint. (The judgment is for plaintiff in an action for damages arising out of the negligent maintenance of street and car tracks. The order denies defendants’ motion for a new trial.) Present — Crosby, P. J., Taylor, Dowling, Harris and McCurn, JJ.