
    Elizabeth T. Mace, as Administratrix, etc., of Francis J. Mace, Deceased, Respondent, v. Charles Moscarelli, Appellant.
   Judgment and order affirmed, with costs. No opinion. Rich, Jaycox and Kelby, JJ., concur; Kelly, P. J., and Kapper, J., dissent and vote to reverse and dismiss the complaint upon the ground that there was no evidence upon which a finding of negligence could be predicated, and that the proof affirmatively established the contributory negligence of the plaintiff’s intestate.  