
    BATZ, Respondent, v. BUFFALO, R. & P. R. Co., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    March 8, 1911.)
    Action by Fanny Batz, as administratrix, etc., against the Buffalo, Rochester & Pittsburg Railroad Company.
   PER CURIAM.

Judgment .and order affirmed, with costs.

McLENNAN, P. J.,

dissents, upon the ground that as matter of law the negligence of the defendant was not established.  