Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts. Held, as matter of law plaintiff was not guilty of contributory negligence and, therefore, the question of comparative negligence is not involved or passed upon; no opinion.
Concur: HISCOCK, Ch. J., HOGAN, CARDOZO, POUND, McLAUGHLIN, CRANE and ANDREWS, JJ. *Page 605