Judgment of the Appellate Division reversed and a new trial granted, with costs to abide the event, upon the ground that, under all the surrounding circumstances, plaintiff made out a prima facie case raising issues of fact which were properly left to the jury for its determination. No opinion.
Concur: Conway, Ch. J., Desmond, Dye, Fuld, Van Voorhis and Burke, JJ. Froessel, J.,' dissents and votes to affirm.