
    MASEL, Respondent, v. BROOKLYN HEIGHTS R. CO., Appellant.
    (Supreme Court, Appellate Division, Second Department.
    December 13, 1912.)
    Action by Joseph Masel against the Brooklyn Heights Railroad Company.
   PER CURIAM.

Judgment and order of the County Court of Queens County reversed, and new trial ordered, costs to abide the event, on the ground that the evidence does not establish negligence on the part of defendant or freedom from contributory negligence on the part of plaintiff.

HIRSCHBERG and RICH, JJ., vote for affirmance.  