| N.Y. App. Div. | Oct 15, 1928
Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event, on the ground that the questions of negligence and notice were questions of fact. All concur, except Crouch and Taylor, JJ., who dissent and vote for affirmance. Present — Hubbs, P. J., Clark, Sears, Crouch and Taylor, JJ.