.Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event, on the ground that the uncontradicted evidence presented a question of fact for the jury. All concur, except MeCurn and Love, JJ., who dissent and vote for affirmance. (The judgment dismisses *862plaintiff’s eomplaiht in "a negligence action.) Present — Dowling, Harris, McCum, Larkin and Love, JJ.