Judgment dismissing the complaint reversed on the law and the facts and in the exercise of discretion, and a new trial ordered, with costs to abide the event. Plaintiff has made out a sufficient ease to present a question of fact for the jury on both negligence and contributory negligence. Concur — Rabin, J. P., Stevens and Bergan, JJ.; Valente and Eager, JJ., dissent and vote to affirm.