
    METRE, Respondent, v. BUFFALO & L. E. TRACTION CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    November 15, 1911.)
    Action by John Metre against the Buffalo & Lake Erie Traction Company.
   PER CURIAM.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that the plaintiff did :eedom from contributory neglinot establish f: gence.

Mclennan. P. J., and KRUSE, J., dissent  