
    Alton T. Manning, Appellant, v. Harrison L. Chapin, Doing Business under the Assumed Name of Precise Manufacturing Company, Respondent.
   Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event on the ground that upon the record presented, negligence and contributory negligence were questions of fact. (Labor Law, § 79, subd. 4; Id. § 2, subd. 9; Tousey v. Roberts, 114 N. Y. 312; Whilehouse v. Single, 217 App. Div. 204.) All concur. Present — Hubbs, P. J., Sears, Crouch, Taylor and Sawyer, JJ.  