
    LIDZY, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    July 7, 1908.)
    Action by Rita Lidzy, as administratrix, etc., against the New York Central & Hudson River Railroad Company.
   PER CURIAM.

Judgment reversed; and new trial ordered, with costs to appellant to abide event. Held, that as matter of law plaintiff’s intestate assumed the risk and was guilty of contributory negligence.

McLennan, P. j., and SPRING, J., .dissent.  