Judgment of the Appellate Division reversed and that of Trial Term reinstated, with costs in this court and in the Appellate Division, upon the ground that facts were submitted as to negli*788gence and proximate cause justifying submission of the case to the jury. No opinion.

Concur: Chief Judge Conway and Judges Desmond, Fuld and Feoessel. Judges Dye, Van Voobhis and Btjbke dissent and vote to affirm.