Order affirmed, with costs. Al) concurred; McLennan, P. J., upon the ground that it would not be proper'to reinstate the verdict, but is of the opinion that the question of defendant’s negli- ' geuce and-the question of the intestate’s freedom from contributory negligence ■ are questions of fact for the jury; Spring, J., on the ground that the..plaintiff failed to establish the negligence of the defendant or the intestate’s freedom from contributory negligence. '