
    HERKERT, Respondent, v. YAWMAN & ERBE MFG. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    May 3, 1911.)
    Action by Rose Herbert, as administratrix, etc., against the Yawman & Erbe Manufacturing Company.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held, that as matter of law the defendant was not shown guilty of actionable negligence, and that plaintiff’s intestate was guilty of contributory negligence as matter of law.

SPRING and KRUSE, JJ., dissent.  