
    ACKERMAN, Appellant, v. NEW YORK CENT. & H. R. R. CO., Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    May 28, 1907.)
    Action by" Elihu Ackerman against the New York Central & Hudson River Railroad Company. -
   PER CURIAM.

Judgment reversed, and new trial ordered, with costs to the appellant to abide event. Held, that the questions of sui juris and contributory negligence were for the jury, and npt for the court.

McLennan, P. j., dissents. ROBSON, J., not sitting.  