
    STRAPP v. NEW YORK CENT. & H. R. R. CO.
    (Supreme Court, Appellate Division, > Fourth Department.
    January 18, 1911.)
    Ac-I tion by Peter Strapp, as administrator, etc., i against the New York Central & Hudson River Railroad Company.
   1 PER CURIAM.

Plaintiff’s exceptions sus- ■ tained, and motion for new trial granted, with costs to plaintiff to abide event. Held, that the questions of contributory negligence and of defendant’s negligence were questions of fact for the jury.

McLENNAN, P. j.,

dissents, upon the ground that as matter of law the deceased was not shown free from coutributory negligence, and that defendant was not shown guilty of actionable negligence.  