Order reversed and a new trial granted, with costs to abide the event. It cannot be said that plaintiff was guilty of contributory negligence as a matter of law (see Nelson v. Nygren, 259 N. Y. 71, 76). A new trial, however, is appropriate (Cohen and Karger, Powers of the New York Court of Appeals, § 176).

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.