
    Amos Ploufe et al., as Administrators of the Estate of Joseph Ploufe, Deceased, Appellants, v. The Delaware and Hudson Company, Respondent.
    (Argued October 11, 1926;
    decided November 16, 1926.)
    
      Negligence — railroads — passenger in automobile killed in collision at railroad crossing — question of negligence for jury.
    
    
      Ploufe v. Delaware & Hudson Co., 215 App. Div. 739, appeal withdrawn.
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 14, 1925, which reversed a judgment in favor of defendant entered upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and dismissing the complaint and granted a new trial in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. Plaintiff was killed as the result of a collision between an automobile in which he was riding as a passenger and one of defendant’s trains. The trial court dismissed the complaint on the ground that intestate was guilty of contributory negligence as matter of law. The Appellate Division reversed and granted a new trial on the ground that questions as to negligence of deceased and of defendant were for the jury.
    Plaintiff allowed to withdraw appeal on payment of costs;
    
      Walter A. Fullerton for appellants.
    
      N. P. Willis for respondent.
   no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  