
    Leokadya Janiszewski, as Administratrix of the Estate of Marion Janiszewski, Deceased, Respondent, v. Schenectady Railway Company, Appellant.
    
      Negligence — railroads — action for death of passenger who on alighting from interurban car passes in rear thereof and is killed by car approaching on other track.
    
    
      Janiszewski v. Schenectady Railway Co., 202 App. Div. 859, affirmed.
    (Argued October 18, 1922;
    decided November 21, 1922.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 10, 1922, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. The plaintiff’s intestate at about ten-twenty-five o’clock in the evening of October 2, 1921, got off an east-bound car of the defendant on its interurban road, between the cities of Schenectady and Albany at station known as 13, which is about four and one-half miles east of the city of Schenectady, and, after that car had started on its way, he passed behind it and over the track on which it ran, and on to the west-bound track where he was struck by a west-bound car and killed. The defense was contributory negligence.
    
      
      P. C. Dugan for appellant.
    
      Louis F. O’Neill for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hogan, Cardozo, Pound and Crane, JJ. Dissenting: McLaughlin and Andrews, JJ. Absent: Hiscock, Ch. J.  