
    Dorothy Clarke, as Administratrix of the Estate of George P. Clarke, Deceased., Appellant, v. City of New York, Respondent.
    Argued February 28, 1946;
    decided April 18, 1946.
    
      
      Doris I. Byrne, Samuel J. Sussman and Herman E. Hoberman for appellant.
    
      John J. Bennett, Jr., Corporation Counsel (Joseph F. Mulqueen, Jr., of counsel), for respondent.
   • Judgments reversed and a new trial granted, with costs to abide the event upon the ground that the record presents questions of fact as to negligence and contributory negligence; no opinion.

Concur: Loegeban, Ch. J., Lewis, Conway, Desmond and Dye, JJ. Taking no part: Teacher, J. Medalie, J., deceased.  