
    George Stark, as Administrator, etc., of Ernestine Stark, Deceased, Respondent, v. The Long Island Railroad Company, Appellant.
    Judgment and order reversed and new trial granted, costs to abide the event. The learned trial court charged that if at the time the deceased stepped from the platform and started to cross over to the gate, the gate was in the act of being closed, it was contributory negligence as matter of law. The facts incorporated in this charge were established by the uneontradieted testimony of witnesses whose credibility was unimpeached.
   Jenks, P. J., Thomas, Stapleton, Mills and Rich, JJ., concurred.  