
    Lansing H. Keeler, as Administrator of the Estate of Lansing J. P. Keeler, Deceased, Appellant, v. Long Island Rail Road Company, Respondent.
    Argued October 13, 1948;
    decided April 20, 1949.
    
      
      Reuben L. Hashell for appellant.
    
      Andrew F. Van Thun, Jr., Ralph E. Memstreet and William J. 0 ’Bfien for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Desmond, Fuld and Bromley, JJ. Conway and Dye, JJ., dissent and vote to reverse and grant a new trial upon the following grounds: (1) that there was a question of fact presented as to whether the accident was one which should reasonably have been foreseen by the defendant, (2) that there was a question of fact as to whether the covering of the third rail was adequate in view of the fact that plaintiff’s intestate was crossing from a path closely paralleling this dangerous death-dealing instrumentality alongside railroad tracks in which grass and weeds had been permitted to grow, and (3) that it was error to exclude proof of a prior similar accident within 300 feet of the place of the instant accident in which another boy had been injured under similar circumstances.  