
    Franz Sadan, Appellant, v. B. Crystal & Son, Respondent.
    Appeal from a judgment of the Supreme Court, entered October 13, 1911, dismissing the complaint.
   Per Curiam:

We are of opinion that the evidence presented a question as to whether the negligence of the elevator boy in starting the elevator was not owing to his incompetency, of which the defendant had notice which should have been submitted to the jury. The judgment is, therefore, reversed and a new trial ordered, costs to appellant to abide event. Present—Ingraham, P. J., Laughlin, Clarke, Miller and Doxvling; JJ.; Clarke and Dowling, JJ., dissented.  