Judgment of Appellate Division reversed, with costs, on the ground that the question as to plaintiff’s contributory negligence was one of fact and not of law (see Millhiser v. Beau Site Co., 251. N. Y. 290, 293; Ramaley v. Leland, 43 N. Y. 539, 542; Becker v. Warner, 90 Hun 187) and case remitted to the Appellate Division for. determination upon the questions of fact raised in that court. No opinion.
Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.