
    MILLS, Respondent, v. NEW YORK, N. H. & H. R. CO., Appellant,
    (Supreme Court, Appellate Division, Second Department.
    November 6, 1914.)
    Action by Charles H. Mills against the New York, New Haven & Hartford Railroad Company.
   PER CURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event. We think that the great preponderance of evidence is to the effect that plaintiff could have seen the engine approaching if he had looked. The darkness was not sufficient to prevent this.

RICH and STAPLETON, JJ., dissent.  