
    George W. Terhune, Appellant, v. The Brooklyn Heights Railroad Company, Respondent.
   Judgment reversed and new trial granted, costs to abide the event, on the ground that the facts presented required a submission to the jury of the questions of defendant’s negligence and the plaintiff’s freedom from contributory negligence, as questions of fact. Hirschberg, Burr, Thomas, Carr and Woodward, JJ., concurred.  