
    Henry B. Tangemann, Appellant, v. The City of New York, Respondent.
    Appeal from a judgment of the Supreme Court, entered on the 12th day of May, 1914, dismissing complaint after a trial at Trial Term.
   Per Curiam:

We think there was a question for the jury as to the negligence of the defendant and as to the freedom of the plaintiff from contributory negligence, and that, therefore, it was error to dismiss the complaint. It follows that the judgment appealed from should be reversed and a new trial ordered, with costs to appellant to abide the event. Present — Ingraham, P. J., McLaughlin, Clarke, Dowling and Hotchkiss, JJ.; McLaughlin and Dowling, JJ., dissented. Judgment reversed and new trial ordered, with costs to appellant to abide event. Order to be settled on notice.  