Judgment of the Appellate Division and that of the Trial Term reversed and complaint dismissed, with costs *545 in all courts, on the ground that there is no evidence of defendant’s negligence or of the plaintiff’s freedom from contributory negligence; no opinion.

Concur: Cakdozo, Ch. J., Pound, Crane, Lehman, Kellogg and O’Brien, JJ. Dissenting: Hubbs, J.