
    BROOKS v. CITY OF ROCHESTER.
    (Supreme Court, Appellate Division, Fourth Department.
    November 30, 1910.)
    Action by Sarah Brooks against the City of Rochester, x
   PER CURIAM.

Plaintiff’s exception sus- ( iained, and motion for new trial granted, with \ costs to plaintiff to abide event. Held, that '¡the questions of defendant’s negligence and of ¡plaintiff’s freedom from contributory negligence i were, questions of fact, which should have been ¡submitted to the jury.

WILLIAMS, J.,

dissents, upon the ground of contributory negligence.  