Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court,.and in the Appellate Division. Questions of fact were presented both in regard to defendant’s negligence and plaintiff’s freedom from contributory negligence. We find no reversible error in the charge.

Concur: Loughran, Rippey, Lewis, Conway and Desmond, JJ. Dissenting: Lehman, Ch. J., and Finch, J.