
    KING, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    November 17, 1909.)
    Action by Michael King, as administrator, etc., against the New York Central & Hudson River Railroad Company.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held, that the finding of the jury that the plaintiff’s intestate was free from contributory negligence was contrary to and against the weight of the evidence. See, also, 123 App. Div. 913, 108 N. Y. Supp. 1138.

MCLENNAN, P. J., and KRUSE, j., dissent.  