Judgment reversed and new trial granted, costs to abide event, on the ground that the question of plaintiff's contributory negligence was one of fact for the jury; no opinion.
Concur: CULLEN, Ch. J., EDWARD T. BARTLETT, HAIGHT, VANN and WILLARD BARTLETT, JJ. Dissenting: GRAY, J. Not sitting: CHASE, J. *Page 599
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