
    BRANDT v. THIRD AVE. R. CO.
    (Supreme Court, Appellate Division, First Department.
    June 19, 1908.)
    Appeal from Trial Term. Action by Charles E. Brandt against the Third Avenue Railroad Company. From .a judgment dismissing the complaint, plaintiff appeals. Reversed, and new trial ordered. Arnold Cross, for appellant. B. H. Ames, for respondent.
   PER CURIAM.

We think there should be a new trial in this case, on the ground that the question as to the defendant’s negligence and the plaintiff’s freedom from contributory negligence should have been presented to the jury. Judgment reversed, and new trial ordered, with costs to appellant to abide event.  