
    BUFFUM, Respondent, v. BUFFALO & L. E. TRACTION CO., Appellant, et al.
    (Supreme Court, Appellate Division, Fourth Department.
    October 20, 1909.)
    Action by Henry T. Buffum against the Buffalo & Lake Erie Traction Company, impleaded
   PER CURIAM.

Judgment and order affirmed, with costs.

McLennan, P. J., and WILLIAMS, J.,

dissent, upon the ground that there is no evidence tending to establish negligence on the part of the defendant which was the proximate cause of the plaintiff’s injury, that plaintiff failed to establish his freedom from contributory negligence, and upon the further ground that the court committed reversible error in refusing to charge as requested by the defendant.  