Opinion
Argued March 14, 1923
Decided April 17, 1923
Thaddeus G. Cowell for appellant.
Harold R. Medina and C. Fuller Williams for respondent.
Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts. Held, as matter of law plaintiff was not guilty of contributory negligence and, therefore, the question of comparative negligence is not involved or passed upon; no opinion.
Concur: HISCOCK, Ch. J., HOGAN, CARDOZO, POUND, McLAUGHLIN, CRANE and ANDREWS, JJ.