
    Charles E. Brant, Appellant, v. Third Avenue Railroad Company, Respondent.
    Appeal from a judgment dismissing the complaint at Trial Term.
   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. The judgment should be reversed and new trial ordered, with costs to appellant to abide event. Present—-Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Judgment reversed, new trial ordered, costs to appellant to abide event.  