
    Julia Capitula, as Administratrix of the Estate of Sophia Capitula, Deceased, Appellant, v. The New York Central Railroad Company, Respondent.
    
      Negligence — railroads — trespass — insufficiency of evidence of wanton or reckless failure to stop train in time to avoid striking trespasser on railroad bridge.
    
    
      Capitula v. N. Y. C. R. R. Co., 213 App. Div. 526, affirmed.
    (Argued December 11, 1925;
    decided January 12, 1926.)
    Appeal from a judgment, entered July 9, 1925, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. Plaintiff’s intestate, while walking across one of defendant’s railroad bridges, was struck by a locomotive and killed. The Appellate Division held that decedent was a trespasser and that there was no sufficient evidence of wanton or reckless failure to bring the train to a stop in time to avoid the accident to sustain a verdict in favor of plaintiff.
    
      J. S. Carter and John H. Gleason for appellant.
    
      Robert E. Whalen for respondent.
   Judgment affirmed, with costs; no opinion.

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