
    Samuel Rosenstein, Appellant, v. Harry J. Kutakoff, Respondent.
   Judgment reversed upon the law and the facts, and a new trial granted, costs to appellant to abide the event. Upon the plaintiff’s testimony, the question of the defendant’s negligence and the plaintiff’s freedom from contributory negligence was for the jury. (Knapp v. Barrett, 216 N. Y. 226.) Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.  