¶1Judgment reversed and a new trial granted, with costs to abide the event, upon the ground that issues of fact were presented as to negligence and proximate cause justifying submission of the case to the jury. No opinion.
¶2*785Concur: Chief Judge Desmond and Judges Dye, Fold, Burke and Foster. Judges Froessel and Van Voorhis dissent and vote to affirm.