
    JANN, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    December 4, 1907.)
    Action by Antoney W. Jann, as administrator, etc., against the New York Central & Hudson River Railroad Company.'
   PER CURIAM.

Judgment and order re-

versed, and new trial ordered, with costs to appellant to abide event. Held, that the finding of' the jury that plaintiff’s intestate was free from contributory negligence was contrary to and against the weight of the evidence.

SPRING, J., dissents.  