
    LOUGNOT, Appellant, v. CENTRAL NEW YORK TELEGRAPH & TELEPHONE CO., Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    November 25, 1908.)
    Action -by Nicholas Lougnot, as administrator, etc., against the Central New York Telegraph & Telephone Company.
   PER CURIAM.

Judgment reversed, and new trial ordered, with costs to appellant to abide event. Held, that the evidence presented a question of fact, which should have been submitted to the jury.

McLENNAN, P. j., dissents.  