
    REIDER, Respondent, v. MICHIGAN CENT. R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    December 1, 1909.)
    Action by Joseph Reider, as administrator, etc., against the Michigan Central Railroad Company.
   PER CURIAM.

Order affirmed, with costs.

McLENNAN, P. J.,

concurs, upon the ground that the order appealed from is a discretionary order.

SPRING and WILLIAMS, JJ.,

dissent, upon the ground that, as matter of law, plaintiff’s intestate was guilty of contributory negligence.  