
    LINEHAN, Appellant, v. UNITED TRACTION CO., Respondent.
    (Supreme Court, Appellate Division, Third Department.
    November 13, 1912.)
    Action by Patrick Linehan against the United Traction Company.
   PER CURIAM.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event, on the ground that the questions of the defendant’s negligence and of the plaintiff’s contributory negligence were questions of fact for the jury.

SMITH, P. J., and KELLOGG, J., dissent.  