
    KRINBALL, Respondent, v. ROCHESTER RY. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    June 12, 1907.)
    Action by Daniel W. Krinball against the Rochester Railway Company.
   PER CURIAM.

Order reversed, and new trial granted, with costs to the appellant to abide the event. Held, that any negligence of the person in charge of the horses in leaving them unhitched and unattended was imputable to the plaintiff, and that leaving the horses unhitched and unattended under the circumstances disclosed by the evidence in the case was sufficient to require the question of contributory negligence to be submitted to the jury.

ROBSON, J., not sitting.  