
    CROUTER v. CITY OF NEW YORK.
    (Supreme Court, Appellate Division, First Department.
    January 22, 1909.)
    Municipal Cobpobations (§ 821)—Negligence—Question fob Jubt.
    Whether it is negligence in a street cleaner to open a hydrant where there was a horse and wagon 25 feet therefrom is a question for the jury.
    [E"d. Note.—For other cases, see Municipal Corporations, Cent. Dig. §§ 1745, 1747; Dec. Dig. § 821.*]
    Ingraham, J., dissenting.
    Appeal from Trial Term, New York County.
    Action by Sarah Crouter, as administratrix, against the City of New York. From a judgment dismissing the complaint, plaintiff appeals. Reversed.
    Argued before PATTERSON, P. J., and INGRAHAM, LAUGH-EIN, CLARKE, and SCOTT, JJ.
    I. H. Harris, for appellant.
    T. Connoly, for respondent.
    
      
      For other cases see same topic & § number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes
    
   PER CURIAM.

Judgment reversed, and new trial granted, with event, upon a fact was presented which should have been submitted to the jury as to the negligence of the defendant’s servant.

INGRAHAM, J.,

dissents upon the ground that it was not negligent for the street cleaner to turn on the hydrant, a horse and wagon being 25 feet or more from the hydrant, as such an accident as happened could not have been anticipated, and that, therefore, there was no evidence to justify submitting the question of defendant’s negligence to the jury.  