
    Catharine Loeschauer, as Administratrix, etc., of Charles Loeschauer, Deceased, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.
   Judgment and order affirmed, with costs. All concurred,' except McLennan, P. J., who dissented upon the ground' that there is no evidence tending to. show that the absence of the rail which is the charge of negligence against the defendant in any way contributed to the accident.  