
    SUMNER, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    May 26, 1915.)
    Action by David C. Sumner, as administrator, etc., against the New York Central & Hudson River Railroad Company.
   PER CURIAM.

Judgment and order affirmed, with costs.

FOOTE and MERRELL, JJ., dissent upon the ground that whether plaintiff’s intestate fell while standing beside the tracks as a traveler upon the highway, or as an intending passenger, she was in either event guilty of contributory negligence as matter of law.  