
    FITZWATER, Appellant, v. WARREN et al., Respondents.
    (Supreme Court, Appellate Division, Fourth Department.
    November 30, 1910.)
    Action by Jay W. Fitzwater against Guy S. Warren and another. ,
   PER CURIAM.

Judgment reversed, and new trial ordered, with costs to appellant to abide event. Held, that plaintiff’s alleged assumption of risk, his contributory negligence, and the negligence of the defendants were questions for the jury.

WILLIAMS, J.,

dissents, upon the ground of assumed risk and contributory negligence.  