
    GOMBERT, Respondent, v. NIAGARA JUNCTION RY. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    April 30, 1913.)
    Action by Ferdinand Gombert against the Niagara Junction Railway Company.
   PER CURIAM.

Judgment and order reversed, and judgment directed for the defendant, dismissing the complaint upon the merits, with costs, including costs of this appeal. Held, that the uncontradicted evidence shows that the plaintiff was guilty of contributory negligence as matter of law.

KRUSE, J., dissents, and votes for affirmance.  