
    Fanny Golding, as Administratrix of the Estate of Abraham Golding, Deceased, Respondent, v. New York Central Railroad Company, Appellant.
    (Argued March 1, 1927;
    decided March 29, 1927.)
    
      Negligence — railroads ■ — • consignee of freight while picking up material dropped while unloading car, which had been removed, struck by another car backed upon track.
    
    
      Golding v. New York Central R. R. Co., 218 App. Div. 840, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 10, 1926, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. Intestate, while engaged in unloading a car of kindling wood consigned to himself and others at one of defendant’s freight yards, was informed by the conductor of a switch engine that he was going to “ pull the track.” Intestate came out of the car, which was not completely unloaded, and it and other cars were removed. When the track was clear, intestate proceeded to pick up wood that had fallen alongside the track during the process of unloading and while thus engaged was struck by one of a string of cars which were backed onto the track and received injuries resulting in his death.
    
      Jacob Aronson and Alexander S. Lyman for appellant.
    
      Sydney A. Syme for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  