
    BOGUHN v. LYTH TILE CO.
    (Supreme Court, Appellate Division, Fourth Department.
    May 25, 1910.)
    Action by Frank Boguhn against the Lyth Tile Company.
   PER CURIAM.

Plaintiff’s exception sustained, and motion for new trial granted, with costs to plaintiff to abide the event. Held, that the question of defendant’s negligence and of plaintiff’s freedom from contributory negligence were questions of fact, which should have been submitted to the jury.  