We are of the opinion that the evidence presented a question of fact as to the negligence of the defendant, which the court should have submitted to the jury, and that it erred in nonsuiting the plaintiff upon that ground.

The judgment should be reversed and a new trial granted, with costs to abide the event.

Parker, Ch. J., Gray, O’Brien, Martin, Vann, Cullen and Werner, JJ., concur.

Judgment reversed, etc.